Two planned ‘one-in, one-out’ returns to France blocked by last-minute legal challenges

Two planned returns of migrants from Britain to France under a bilateral "one-in, one-out" arrangement were halted this week after last-minute legal challenges, campaigners and officials said, leaving the government unable to carry out its first removals under the deal.

French charity Auberge des Migrants and the British Joint Council for the Welfare of Immigrants (JCWI) said seats had been booked on scheduled Air France services to Paris but both flights departed without the intended deportees aboard after lawyers lodged urgent legal challenges. The charities have urged the public to contact the airline to protest the removals and to seek a halt to the government’s plans.

The removals were to be the first under an agreement struck in July between Prime Minister Sir Keir Starmer and French President Emmanuel Macron that aims to exchange migrants who arrive illegally in Britain for others in France, on a one-for-one basis. The deal came into effect on Aug. 7. Officials have told media that attempts to return people this week were disrupted by last-minute claims, including modern slavery allegations and legal challenges mounted under the European Convention on Human Rights.

Home Secretary Shabana Mahmood told Parliament this week the first returns would take place "as soon as possible," saying international cooperation was key to securing borders and assisting partners. Shadow Home Secretary Chris Philp had earlier warned the arrangement would face "a slew of last-minute legal challenges." Labour’s attorney general, Lord Hermer, told reporters last week that leaving the human-rights treaty entirely would be contrary to Britain’s interests and reiterated that the government would remain a member.

Officials said the Home Office abandoned plans to use charter aircraft and instead booked places for small groups or single migrants on scheduled services, accompanied by up to half a dozen escort officers. About 100 migrants are believed to have been detained for potential removal under the scheme, while the wider Channel crossings crisis has seen tens of thousands reach Britain this year.

The charities involved described the planned removals as "cruel," and the JCWI published suggested wording for members of the public to use when contacting Air France. Campaigners argued pilots could refuse to fly if they believed a passenger might cause disruption.

Home Office spokespeople declined to detail operational aspects of the returns scheme. The agreement foresees migrants who came to Britain irregularly being exchanged for people in France who meet criteria such as having family in the UK or coming from countries with higher asylum-grant rates; those flown to Britain would receive short-term visas while their applications were considered. Officials said security checks would be in place, though reports said French authorities would not share personal details, including criminal records, of migrants transferred to Britain.

The government faces political pressure to reduce cross-Channel migration. Media reports said 5,435 small-boat arrivals had been recorded since the deal took effect on Aug. 7 and that 31,026 migrants have arrived so far this year, an increase of about 38% compared with the same period last year. The British taxpayer will meet costs for transfers in both directions, under the terms of the bilateral arrangement.

Legal advisers for migrants have continued to bring urgent applications that temporarily block removals while courts consider claims. Campaigners and some opposition politicians have said such safeguards are necessary to protect vulnerable people; government ministers have said they will press ahead with removals where they can lawfully do so.

As the Home Office seeks to resume the returns, further legal challenges and operational hurdles are expected to shape whether and when the exchanges will begin in practice. Officials and campaigners said the disputes would continue to be resolved in courts and through diplomatic engagement between London and Paris.