Minister denies migrant returns deal leaves open human rights loophole

The “one-in, one out” deal coming into effect on Wednesday will see migrants ineligible to stay in the UK sent back across the Channel, in exchange for taking those who have links to Britain.

The agreement contains a clause that says in order for people to be returned to France, the UK must confirm they do not have an “outstanding human rights claim”.

Critics have argued this could risk bogus applications being made to frustrate the deportation process and cause delays.

Mr Philp said on Tuesday this section offered “an easy loophole for lawyers”, adding that “France will not give us any data on the people they are sending our way… so we have no idea who they really are”.

Borders minister Dame Angela said he was wrong, and that the clause was included “precisely to ensure no-one can use ‘clearly unfounded’ human rights claims to avoid being returned”.

She added: “And we will do full security checks on any applicants, and reject anyone who poses a risk.”

Home Secretary Yvette Cooper conceded earlier that the accord is not a “silver bullet” to stop small boat crossings, but marked a step change as migrants will be sent back across the Channel for the first time.

Speaking to the BBC, she declined to put a number on how many people would be returned under the agreement ahead of time, saying that she believed it could aid criminal gangs.

She added: “We will provide regular updates, people will be able to see how many people are being detained, how many people are being returned, and it is right that we should be transparent around that.”

Speaking to reporters earlier, Tory leader Kemi Badenoch said the deal would likely result in only small numbers of migrants being swapped with France and is “not going to make any difference whatsoever”.

Asked whether the Conservatives were partly to blame for the immigration and asylum situation, she told reporters: “No I don’t accept that at all, because what Labour are doing is just rubber-stamping all of the applications and saying they’re processing.”

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 boats this year.

Bruno Retailleau, France’s interior minister, said the agreement “establishes an experimental mechanism whose goal is clear: to smash the gangs”.

The initial agreement will be in place until June 2026.