Migrants Lodging Human Rights Claims to Avoid Removal to France Under Labour’s New Deal
Migrants arriving in small boats who file human rights claims in Britain will be exempt from being sent back to France under Labour’s recently announced agreement, sparking concerns over a potential loophole.
According to the treaty, individuals with outstanding legal cases or those claiming to be under 18 will not be subject to deportation. Critics warn this could be exploited by legal representatives acting on behalf of migrants. Shadow Home Secretary Chris Philp described the human rights exemption as something lawyers would “ruthlessly exploit.”
The deal, signed with French President Emmanuel Macron’s government, commits the UK taxpayer to funding both sides of the scheme. Under the agreement, migrants who crossed the Channel illegally and are returned to France will be exchanged on a “one-for-one” basis with individuals still in France who have applied to come to Britain legally.
Migrants transferred from France will be granted a visa to remain in the UK for up to three months while their applications are processed. Although officials promise “rigorous” security checks, French authorities will not share personal information, including any criminal records, about those arriving.
The first small boat arrivals could be detained as soon as tomorrow for potential removal to France. However, legal experts warn the treaty might encourage migrants to file human rights claims purely to delay or avoid removal. The Home Office has confirmed that migrants will not be transferred while any such claim is unresolved.
There is also confusion surrounding provisions for “clearly unfounded” claims, with Mr Philp asserting these would still block deportation despite Home Office assurances to the contrary.
Prime Minister Sir Keir Starmer has hailed the deal as “groundbreaking,” pledging swift detentions and removals. Yet Mr Philp argues the agreement is “likely to be completely unworkable,” adding: “Even a ‘clearly unfounded’ claim will halt returns while lengthy court proceedings take place. There are no fixed numbers in this deal, and France will not share information on those it sends to the UK – they could even be criminals or terrorists, and we wouldn’t know.”
The treaty also prohibits the deportation of anyone claiming to be an unaccompanied minor, an area previously subject to abuse by adults posing as under-18s.
The UK will cover the cost of flights and removals and is barred from using physical force during transfers in France, raising safety questions for British officials.
Both nations can suspend the deal with one week’s notice or terminate it entirely within a month.
Migrants brought to the UK under the scheme will be unable to work or access benefits for the initial three-month period while their cases are considered, though accommodation arrangements remain unclear and may involve taxpayer-funded hotels.
The agreement includes a cap limiting arrivals from France to match the number of small boat migrants returned, though the Home Office has not confirmed what that number will be. Home Secretary Yvette Cooper has declined to reveal estimates, arguing that doing so could aid smuggling operations.
