Westminster Policy News & Legislative Analysis

Second migrant returned under UK-France pilot re-enters UK

The Home Office has confirmed that a second person removed to France under the UK–France “one in, one out” returns pilot has re-entered the UK by small boat. Officials said the individual was identified through biometric checks on arrival, detained, and will be returned to France “as quickly as possible.”

The incident follows a case last month in which an Iranian national, first removed to France in September, came back by small boat on 18 October and was removed again on 5 November. In that case, the Home Office said biometric data enabled rapid identification and detention; the man had told media he feared exploitation by traffickers in northern France.

Downing Street said the latest detection demonstrates that post-removal re‑entries are being picked up immediately and processed for swift return, repeating that attempts to come back after removal will fail. Officials characterised the case as evidence that the system is functioning as intended.

The pilot’s legal basis is a bilateral treaty ratified on 4 August 2025. It allows detention of small-boat arrivals, referral to France within three days and an expected French response within 14 days. In return, the UK admits an equivalent number via a controlled route from France for people who have not tried to cross and pass security and eligibility checks. Detentions began on 6–7 August and the first removal flight-carrying an Indian national-landed in Paris on 18 September. The pilot is time‑limited to June 2026.

Volumes remain modest but are rising. As of 5 November, the Home Office had removed 94 people to France under the treaty and 57 had arrived in the UK via the reciprocal route, according to BBC reporting. Around 100 men have been held in immigration removal centres near Heathrow since August pending potential return under the scheme.

The operational context is challenging. On Saturday 8 November, 503 people crossed the Channel in seven boats, with nearly 1,800 arrivals recorded over three days; media reports cited almost 400 on Sunday. Provisional data put 2025 year‑to‑date crossings at about 38,700 by 9 November.

Legal risk remains a defining feature. On 16 September, the High Court granted interim relief to an Eritrean claimant who argued he was a trafficking victim, pausing removal to France pending a fuller hearing. Ministers say removals decisions will be defended in court, but cases involving modern slavery or risk of inhuman or degrading treatment engage obligations commonly litigated under Article 3 of the European Convention on Human Rights.

Policy development continues in parallel. The Home Secretary is preparing a wider immigration package that draws on aspects of Denmark’s model-such as tighter family reunion rules and more use of temporary protection status-with announcements expected this month. Officials have already visited Copenhagen to review practice.

Political positioning has hardened. Opposition Conservatives argue returns volumes are too small relative to arrivals and have set out a policy to leave the European Convention on Human Rights to enable faster removals; Labour has not adopted that position. Public statements by Conservative leaders through October confirm ECHR exit is party policy in opposition.

What this means for practitioners is a two‑track environment: a live but narrow UK–France returns corridor that relies on detention capacity, rapid biometric matching and coordinated casework, while overall Channel flows continue at scale. The pilot runs to June 2026, and the Home Office has signalled an intent to increase throughput as processes bed in, alongside the Border Security, Asylum and Immigration Bill measures now in train.