How will the UK-France migrants return deal work as it comes into force?

Yahoo

3 days ago

The Government's 'one in, one out' deal to return migrants to France in a bid to tackle Channel crossings is set to begin.
The treaty was laid in Parliament on Tuesday, and will take effect from Wednesday with detentions expected in the coming days.
The UK-France deal, which will also bring approved asylum seekers under a safe route to Britain, was agreed last month on the last day of French President Emmanuel Macron's state visit to the UK.
Here is a closer look at the plan and what the issue is.
– What is the concern over the Channel crossings?
Some 25,436 migrants have arrived in the UK after crossing the English Channel this year – a record for this point in the year since data began being collected in 2018.
This is up 48% on this point last year (17,170) and 70% higher than at this stage in 2023 (14,994), according to PA news agency analysis of Home Office data.
At least 10 people have died while attempting the journey this year, according to reports by French and UK authorities, but there is no official record of fatalities in the Channel.
Ministers want to end the crossings because they 'threaten lives and undermine our border security'.
Home Secretary Yvette Cooper has said smuggling gangs have been allowed to take hold along the UK's borders over the last six years, making millions out of the dangerous journeys.
On Tuesday, Conservative leader Kemi Badenoch claimed the failure to stop migrants crossing the Channel is putting community cohesion at risk.
Data on the crossings of migrants in 'small boats' like inflatable dinghies has been collected since 2018.
In the first year of data, just 299 people were recorded to have arrived in the UK this way.
Since 2018, 94% of migrants who arrived by small boat crossing have claimed asylum in the UK, or 145,834 out of 154,354 people.
– What has the Labour Government's approach been to the issue?
Since Labour came to power last July, the party has vowed to 'smash the gangs'.
Ministers are seeking to ramp up enforcement action against smugglers with new legislation to hand counter terror-style powers to police, and new criminal offences aiming to crack down on the illegal trade.
The Government is also seeking to reset the UK's relationship with Europe over the crossings, and France has agreed to change its rules to allow police to intervene when boats are in shallow water, rather than requiring them to still be on land.
Meanwhile ministers are hoping to deter new arrivals promised jobs when they come to the UK by cracking down on illegal working and deportations of ineligible asylum seekers.
– What is the new deal and how will it work?
Last month, the Prime Minister and French president agreed a plan to send back small boats migrants, with an asylum seeker being sent to the UK in exchange in equal numbers.
Under the pilot scheme, adults arriving on a small boat can be detained and returned to France for the first time.
The trial is set to run until June 11 2026, pending a longer-term agreement or cancellation by either the UK or France with one months' notice.
Asylum seekers accepted to come to the UK under the deal would travel via a safe, legal route, 'subject to strict security checks'.
Those in France could express an interest to apply for asylum to the UK through an online platform developed by the Home Office, and would then carry out the standard visa application process and checks.
Priority will be given to people from countries where they are most likely to be granted asylum as genuine refugees, who are most likely to be exploited by smuggling gangs, and also asylum seekers who have connections to the UK.
If accepted, they would be given three months in the UK to claim asylum, and would be subject to the same rules for all asylum seekers not allowed to work, study or have access to benefits.
Their claim could still be rejected during their time in the UK, and they could then be removed from the country.
It is not clear what the criteria will be for deciding which migrants who arrive in the UK by small boat will be sent back to France, other than being aged over 18.
New arrivals will be screened at Manston processing centre, in Kent, which is current procedure, before individuals determined to be suitable for the pilot and for detention, will be picked and held in an immigration removal centre.
Their removal is expected to be made on the grounds of inadmissibility, that they have arrived from the UK from a safe country where their case can be heard instead, because an agreement is in place with France.
The treaty confirms the migrants would be returned back to France by plane.
It also agrees for a joint committee to be set up to monitor the agreement and arrange logistics.
Migrants will be able to appeal against the decision based on exceptional circumstances.
The Home Office said it had learned from the 'lengthy legal challenges' over the previous government's Rwanda scheme and would 'robustly defend' any attempts to block removal through the courts.
– How many people will be part of the pilot and much will it cost?
No official number of migrants has been confirmed to take part in the pilot, but it is understood numbers will grow over the pilot period and depend on operational factors.
The Home Secretary has said the Government does not want to put a number on the amount as she believes it could aid criminal gangs.
It has been reported that about 50 a week could be sent to France. This would be a stark contrast to the more than 800 people every week who on average have arrived in the UK via small boat this year.
There is no funding to France associated with this agreement, and operations around the returns and arrivals will be paid for from the existing Home Office budget.
– What has the reaction been to the deal?
Opposition politicians were scathing about the Prime Minister's deal with Mr Macron, with shadow home secretary Chris Philp claiming the small percentage of arrivals to be removed would 'make no difference whatsoever'.
Reform UK leader Nigel Farage also branded it a 'humiliation'.
Meanwhile refugee charities have also criticised the plan and have urged the Government to provide more safe, legal routes for asylum seekers instead.
Reacting to the plan coming into force, Amnesty International UK's refugee rights director, Steve Valdez-Symonds, said: 'Once again, refugees are treated like parcels, not people, while the public is left to pay the price for, yet another cruel, costly failure dressed up as policy.'