Westminster Policy News & Legislative Analysis

Migrant returns after removal to France under UK–France pilot

An Iranian national removed to France under the UK–France “one in, one out” asylum pilot has re-entered the UK by small boat less than a month later. The Home Office declined to confirm individual details but said a migrant had been detained and that removal was being pursued “as soon as possible”. The Guardian reported the man alleges exploitation by smuggling networks in northern France.

According to reporting verified by multiple outlets, the individual was first detained on 6 August, removed to France on 19 September as one of the early cases under the pilot, and returned to the UK on 18 October, when he was detained again. Media have not named him.

Under the treaty that enables the pilot-ratified on 4 August 2025-people arriving in the UK on small boats can be detained on arrival, have their asylum claims treated as inadmissible where a safe third country connection is identified, and be returned to France. The Home Office has stated that anyone removed under the pilot who subsequently attempts to re-enter the UK will be removed again as a priority.

Operational data published by the Home Office shows returns to France have been scaled up in recent days: 16 people were removed on a single flight, taking total returns under the UK–France agreement to 42 by 19 October. Ministers say further flights are scheduled.

Process-wise, UK authorities refer eligible small-boat cases to France within three days of arrival, with French authorities expected to decide within two weeks. For each return, the UK will admit one eligible person from France via a controlled legal route. Legally, the inadmissibility framework rests on sections 80B and 80C of the Nationality and Borders Act 2022, which allow claims to be declared inadmissible where a safe third country connection exists.

The man told the Guardian he feared for his safety in France and described threats and forced labour by smugglers before his first crossing. The Home Office reiterated that it “will do everything in our power to remove those without the legal right to be here.” Rights groups, including Humans for Rights Network, say some returnees report serious mistreatment and inadequate access to timely legal advice during accelerated removals.

The handling of modern slavery claims has become a central procedural issue for the pilot. After a mid-September court challenge paused a removal where a negative National Referral Mechanism (NRM) decision letter offered 30 days for reconsideration, the Home Office amended its statutory guidance on 17 September-changing the approach to reconsiderations where removal is proposed to a Council of Europe anti‑trafficking (ECAT) and ECHR signatory state such as France. Immigration lawyers argue this narrows opportunities to seek reconsideration from within the UK.

Alongside returns, the “in” element of the pilot has begun. On 24 September, the BBC reported the first arrivals from France via the legal route-three family members issued three‑month visas with no recourse to public funds and no right to work, though they can apply to remain.

The pilot is time‑limited. French officials have described it as a one‑year scheme running to around June 2026, with both governments stating it could be expanded if operationally successful. The agreement was announced on 10 July 2025 by the Prime Minister and President Macron.

Context on crossings remains relevant. Official daily data show 369 people arrived by small boat on 18 October after several blank days, with the weekly summary for the period ending 12 October recording 1,932 arrivals. Media report that 2025 crossings have now surpassed the 2024 total of 36,816, though consolidated official tallies are updated on a scheduled basis.

For practitioners, the practical implication of the 17 September guidance change is that the NRM reconsideration route may no longer pause removal where the destination is an ECAT/ECHR signatory, compressing the effective window to raise evidence of exploitation before removal directions are set. This places a premium on early identification, swift referral, and documented vulnerability evidence.

As of this week, the Home Office position is that the detainee will be removed again to France in line with the treaty if legal barriers do not arise. The department points to the pilot’s design-immediate detention on arrival, rapid referral to France, and priority removal for any re‑entry-to demonstrate follow‑through.