Loophole in PM's swap plan means the more bogus an asylum seeker is, the less chance we have of kicking them out
The trial, which started yesterday, includes a clause where anyone making a human rights claim cannot be sent back until their case is heard in the courts.
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Small boat migrants could dodge deportation by lodging lengthy human rights appeals
Credit: Getty
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Lawyers will seize on a loophole to get round Sir Keir Starmer's migrant swap plan
Credit: Getty
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France has agreed to take back a limited number of boat migrants, pictured French President Emmanuel Macron
Credit: AFP
Tories last night warned lawyers will seize on the loophole to delay or block deportations.
Shadow Home Secretary Chris Philp said: 'This deal is likely to be completely unworkable and will be ruthlessly exploited by lawyers to prevent people being returned to France.
'This deal has no numbers in it — presumably because they are so small.
'Returning just six per cent of illegal immigrants, as reported, will have no deterrent effect whatsoever — because 94 per cent get to stay.'
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France has agreed to take back a limited number of boat migrants — one for each the UK accepts legally from French soil. But conditions must be met before someone is removed.
Britain picking up tab
And Tories say that even those with human rights claims which have been certified as 'clearly unfounded' by officials cannot be sent back until their case is dealt with in the courts, which could take years.
The Home Office denies this is the case.
Home Secretary Yvette Cooper said the Government won't set targets for how many will be deported.
She added: 'We will provide regular updates. People will be able to see how many are being detained, how many are returned. It is right we should be transparent.
'But we're not setting the numbers in advance, firstly because there is no fixed number in terms of the overall number of people to come through this system, and secondly because we're not going to provide (gangs) with that operational information.'
Watch moment migrant boat arrives on Spain hols beach before they are chased & tackled by angry locals
Ministers hope the new route — where migrants in France apply online — will offer a 'safe and legal' alternative to the boats.
But those who have already crossed are not eligible, meaning thousands already here won't be affected.
Only around 50 people a week are expected to be returned, equivalent to only one in every 17 boat arrivals.
The new legal route to Britain only applies to people already in France who have not tried to cross illegally.
To qualify, they must prove they have close family in the UK, are at risk of being trafficked or exploited, or come from a country with a high level of successful asylum claims, such as Afghanistan.
This Starmer/Macron wheeze has zero chance of working.
Alp Mehmet, of Migration Watch UK
Unaccompanied children, people with criminal records, and anyone who has previously been deported from the UK cannot apply.
The deal also reveals that Britain is picking up the tab for both directions of travel — paying for the transport of migrants we send back to France and those we bring in legally.
Alp Mehmet, of Migration Watch UK, said: 'This Starmer/Macron wheeze has zero chance of working.
"It won't discourage migrants, while smugglers will be tempted to pile more people into flimsy vessels.'
The deal will remain in force until June 2026. But the legal route can be paused automatically if France slows down on taking people back.
More than 25,000 migrants have crossed in small boats in 2025, up 49 per cent on the same point last year.
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