Letter to the Permanent Secretary, Ministry of Foreign Affairs and International Cooperation from the British High Commissioner concerning the interpretation of terms in the Rwanda partnership agreement (accessible)
Updated 13 May 2024
© Crown copyright 2024
This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.
Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.
This publication is available at https://www.gov.uk/government/publications/returns-preparation/letter-to-the-permanent-secretary-ministry-of-foreign-affairs-and-international-cooperation-from-the-british-high-commissioner-concerning-the-interpr
H.E. Omar Daair OBE
British High Commissioner to Rwanda
British High Commission Kigali
KG 7 Ave, Kigali
10 May 2024
Dear Permanent Secretary Clementine,
EXCHANGE OF LETTERS BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF THE REPUBLIC OF RWANDA ON THE INTERPRETATION OF THE AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF THE REPUBLIC OF RWANDA FOR THE PROVISION OF AN ASYLUM PARTNERSHIP TO STRENGTHEN SHARED INTERNATIONAL COMMITMENTS ON THE PROTECTION OF REFUGEES AND MIGRANTS, SIGNED AT KIGALI ON 5 DECEMBER 2023.
I have the honour to refer to recent discussions between our two Governments concerning the interpretation of the terms “Relocated Individual” in Article 1(1)(1) and “other individuals arriving illegally in the United Kingdom” in Article 2(3)(b) of the Agreement between the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Rwanda for the Provision of an Asylum Partnership to Strengthen Shared International Commitments on the Protection of Refugees and Migrants signed at Kigali on 5 December 2023 (“the Agreement”).
It is the understanding of my Government that it was the joint intention of our two Governments that the ambit of aforementioned terms extended to individuals who: arrived in the United Kingdom illegally, made an asylum or humanitarian claim which was admitted to the United Kingdom asylum system - notwithstanding that the individual arrived illegally - which was not granted by the United Kingdom authorities, and so have exhausted all domestic appeal rights and that the Agreement should be construed accordingly.
It follows from this understanding that the protections and guarantees provided under the Agreement apply equally to such individuals as they would to asylum seekers whose claims are not considered by the United Kingdom or those who did not make an asylum or protection claim against their country of origin or country of former habitual residence in the United Kingdom and who are relocated under the terms of the Agreement.
It is also the understanding of my Government that it was the joint intention of our two Governments that the word “removed” in the definition of “Relocated Individual” in Article 1(1)(1) includes the assisted relocation of any individual who does not have leave to remain in the United Kingdom to Rwanda.
It follows from this understanding that the protections and guarantees provided under the Agreement apply equally to those who accept assistance from the United Kingdom authorities to voluntarily leave the United Kingdom for the Republic of Rwanda as they would to asylum seekers whose claims are not considered by the United Kingdom or those who did not make an asylum or protection claim against their country of origin or country of former habitual residence in the United Kingdom and who are relocated under the terms of the Agreement.
If this is also the understanding of your Government, I have the honour to propose that this letter and your reply to that effect shall constitute an agreement between our two Governments concerning the interpretation of these terms.
[Signed]
His Excellency Mr Omar Daair OBE
British High Commissioner to Rwanda