Will the Second Migrant Be Deported to France After Court Setback?

The UK government's "one in, one out" deal with France is set to see its second removal under the newly agreed pilot scheme, as an Eritrean man prepares for repatriation following a failed last-minute court bid. This initiative aims to deter small boat crossings by exchanging migrants between the two countries, with the first flight returning an Indian national to France. The policy has sparked significant debate regarding its implications for human rights and migration management.

Last updated: 02 October 2023 (BST)

Key Takeaways

• The Eritrean man will be removed from the UK under a new government policy.
• His court bid to prevent removal was rejected on public interest grounds.
• Home Secretary Shabana Mahmood emphasised a crackdown on illegal immigration.
• The pilot scheme aims to deter dangerous small boat crossings across the Channel.
• Ongoing legal challenges may complicate future removals under the agreement.

Background of the Policy

In August 2023, the UK and France initiated a one-year pilot scheme aimed at addressing the growing number of small boat crossings in the English Channel. The scheme operates on a "one in, one out" basis, meaning for every migrant the UK returns to France, another with a legitimate asylum claim can enter the UK. This policy is part of a broader strategy to combat human trafficking and people smuggling.

What the Scheme Entails

The "one in, one out" deal is designed to significantly reduce the numbers of individuals attempting dangerous crossings by making it clear that illegal entry into the UK will not be tolerated. For the UK government, this represents a proactive approach to managing immigration, especially concerning the increasing numbers of migrants arriving on small boats.

Initial Execution of the Policy

The first flight under this agreement took place recently, with an Indian national being returned to France. This marked the beginning of the practical application of the policy, showcasing the government's intent to follow through on its commitments regarding immigration control.

Legal Challenges and Controversies

The case of the Eritrean man highlights the complexities and controversies surrounding this policy. After arriving in the UK in August via a small boat, he sought to challenge his removal, claiming potential victimisation from human trafficking. However, his lawyers faced an uphill battle as the court ruled that there was no legal basis to delay his removal, citing public interest as a priority.

Judicial Rulings and Implications

Mr Justice Sheldon presided over the emergency hearing, determining that the man's differing accounts of human trafficking raised doubts about the validity of his claims. The judge underscored the government's right to pursue removal as part of a larger strategy against smuggling operations. This ruling reflects a concerning trend where legal avenues for migrants may be increasingly limited.

Changes to Modern Slavery Policy

In a related development, the Home Office recently revised its approach to handling claims of modern-day slavery from migrants arriving via the English Channel. Under the new policy, individuals who are denied protection due to trafficking allegations can only challenge that decision after being removed from the UK. This change raises significant concerns among human rights advocates about the treatment of vulnerable individuals.

Public and Political Reactions

The policy has drawn mixed reactions from various sectors. Home Secretary Shabana Mahmood has asserted that this approach sends a clear message to those considering illegal crossings. However, critics argue that it undermines the rights of individuals potentially fleeing dangerous situations. The involvement of international figures, such as US President Donald Trump, further complicates the narrative, as he suggested military involvement to tackle the crisis.

Current Situation and Future Prospects

As of now, around 100 men are being held in immigration removal centres, awaiting potential deportation under this scheme. The Home Office has indicated that more flights are planned; however, the exact numbers remain uncertain due to ongoing legal challenges. The hope is that this agreement will deter future crossings, but its effectiveness remains to be seen.

Statistics on Migrant Crossings

Since the start of this initiative, approximately 5,590 migrants have entered the UK. This figure underscores the scale of the challenge facing both the UK and French governments in managing migration effectively. The pressing question remains: will this policy truly deter crossings, or will it lead to further complications in the humanitarian landscape?

Conclusion

The "one in, one out" deal between the UK and France marks a significant shift in how both countries approach migration and asylum. While it aims to address the pressing issue of small boat crossings, it also raises critical questions about human rights and the treatment of vulnerable individuals. As the policy unfolds, its long-term ramifications will be closely monitored by both supporters and opponents alike. How this will reshape the future of migration across the English Channel remains uncertain.

#UKMigration #EritreanRefugee #HumanRights

FAQs

What is the "one in, one out" policy?

The "one in, one out" policy is a UK and France agreement where for every migrant returned to France, another with a valid asylum claim may enter the UK, aiming to deter illegal crossings.

Why was the Eritrean man's removal upheld by the court?

The court ruled that there was significant public interest in removing him and that he had not demonstrated procedural unfairness in the handling of his case.

What changes were made to the modern slavery policy?

The Home Office's new policy restricts migrants from challenging denial of protection due to trafficking claims until after they have been removed from the UK.

How many migrants have crossed the Channel since August?

Around 5,590 migrants have reached the UK via small boats since the start of the policy in August 2023.

What are the potential consequences of this policy?

The policy could deter illegal crossings but raises concerns about human rights, particularly for vulnerable individuals who may face removal without adequate legal recourse.