Labour’s attempt to deport its first small boat migrant back to France under a landmark deal with Emmanuel Macron collapsed at the last minute on Monday after lawyers submitted eleventh-hour legal challenges.
The migrant, who had arrived across the Channel last month, was due to be removed aboard a scheduled Air France flight to Paris on Monday afternoon in what would have been the first deportation under the new ‘one-in, one-out’ arrangement agreed with the French president in July. However, the removal was abandoned shortly before takeoff after lawyers for the migrant launched late legal challenges.
The failed deportation comes as pressure mounts on Sir Keir Starmer’s government to deliver on its promise to “smash the gangs” and reduce Channel crossings, with 5,435 small boat migrants reaching Britain since the bilateral agreement came into effect on 7 August.
Activist Groups Target Air France
The French flag carrier has become the target of orchestrated protest campaigns by Britain’s Joint Council for the Welfare of Immigrants (JCWI) and French charity Auberge des Migrants, both urging the airline not to participate in deportation operations.
The JCWI published a ‘script’ for members of the public to use when lodging complaints with Air France, describing the removal of migrants as “cruel” and characterising deportations as “violent, abusive and oppressive.” The campaign material suggested airline pilots could refuse to fly if they believed a passenger might be “disruptive.”
Shadow Home Secretary Chris Philp had predicted on Monday that the deal would face a “slew of last-minute legal challenges,” appearing vindicated when the first attempted removal collapsed hours later.
Speaking in the Commons on Monday, Home Secretary Shabana Mahmood insisted the first migrant returns would take place “as soon as possible” during her debut appearance at Home Office questions since her appointment earlier this month.
Landmark Deal Under Pressure
The ‘one-in, one-out’ agreement, hailed as “groundbreaking” by Starmer when announced alongside Macron in July, allows Britain to return small boat arrivals to France in exchange for accepting an equal number of asylum seekers with legitimate UK ties who have not previously attempted illegal entry.
“International cooperation is the key for us securing our borders here at home, and assisting our international partners to do the same with their borders as well,” Mahmood told MPs. “I’m already in touch with my French counterparts. That was a landmark agreement, something the party opposite tried to achieve for many years, but they were all words, no action.”
She added: “It’s this Government that struck that landmark deal, and we are working with our partners in France to get the first flight off the ground as soon as possible.”
The scheme, which came into effect on 7 August, was designed to act as a deterrent to Channel crossings whilst providing a legal route for those with genuine family connections to Britain. Under the pilot programme, the UK can return up to 50 migrants per week to France, representing approximately 6 per cent of current small boat arrivals.
Detention Strategy Shifts
Around 100 migrants are believed to have been detained for potential removal under the scheme since it began. However, plans to remove dozens of migrants aboard chartered aircraft have reportedly been abandoned in favour of placing small groups, or single migrants, on scheduled commercial services.
Each deportee would be accompanied by up to half a dozen Home Office escort officers, sources suggest, marking a significant shift from the mass deportation flights originally envisaged.
The arrangement requires any undocumented person entering the UK on a small boat to be detained immediately upon arrival. The UK must make a referral to France within three days of arrival, with French authorities expected to respond within two weeks.
Rising Channel Crossings
The collapse of Monday’s deportation attempt comes amid rising Channel crossing numbers that have put significant political pressure on Labour. Since the party won the July 2024 general election, more than 44,000 migrants have arrived in the UK via small boats, averaging 843 arrivals per week.
The 5,435 arrivals since the France agreement took effect represent a continuation of the trend that saw 21,117 people cross the Channel in small boats in the first half of 2025 alone – a 56 per cent increase compared to the same period in 2024.
These figures have provided ammunition for Reform UK, the right-wing party led by Nigel Farage that has surged in opinion polls by focusing on immigration issues. Recent polling shows Reform leading in Wales and gaining ground across Britain, putting pressure on Labour to demonstrate control over the country’s borders.
Legal Challenges Expected
The failed deportation validates concerns expressed by critics who warned the scheme would face similar legal obstacles to the previous Conservative government’s Rwanda plan, which was repeatedly blocked in the courts before being scrapped by Labour upon taking office.
Immigration lawyers have multiple avenues to challenge removals, including human rights arguments, procedural challenges, and claims that France is not a safe country for certain categories of asylum seekers. The last-minute nature of Monday’s legal challenge suggests coordinated efforts by activist lawyers to test the scheme’s legal framework.
The government has indicated it is prepared to “robustly defend” legal challenges, learning lessons from the lengthy court battles that derailed the Rwanda scheme. However, Monday’s failure suggests significant hurdles remain in implementing even this more limited returns agreement.
French Cooperation Questions
The deal requires extensive French cooperation, with Macron’s government agreeing to accept returned migrants despite domestic political pressure from right-wing critics who question why France should take back people seeking to reach Britain.
In exchange for accepting returns, France can send asylum seekers with British family connections to the UK through a new legal route, subject to full documentation and security checks. This reciprocal element was crucial in securing French agreement but adds complexity to implementation.
French authorities have also committed to increasing enforcement activity to prevent small boat launches, including deploying a new ‘Compagnie de Marche’ of specialist officers and establishing a dedicated intelligence unit in Dunkirk to target people smugglers.
Political Implications
The failed deportation represents an early test of Labour’s immigration strategy, which has sought to distance itself from the Conservatives’ Rwanda plan whilst promising tougher action on Channel crossings. Starmer has repeatedly vowed to “smash the gangs” operating the crossings but has seen numbers rise since taking office.
Conservative critics were quick to seize on Monday’s failure. The shadow home secretary had earlier predicted exactly this outcome, arguing Labour had scrapped a “ready to go” Rwanda deterrent without an adequate replacement.
The government maintains the France deal represents a more practical and legally sound approach than the Rwanda scheme, which would have sent asylum seekers to the African nation for processing and potential resettlement rather than returning them to France.
Next Steps
Despite Monday’s setback, the Home Office insists deportations remain imminent. Immigration Enforcement has reserved space at removal centres, whilst Border Force has developed operational strategies to identify and process groups for removal.
The pilot scheme’s treaty remains in force until June 2026, with both countries committed to reviewing and improving processes throughout this period. The initial trial aims to return approximately 800 migrants to France by the end of 2025 before potentially scaling up if proven effective.
However, Monday’s failure highlights the significant practical and legal challenges facing the scheme. With activist groups mobilising opposition, lawyers preparing challenges, and airlines under pressure not to cooperate, Labour’s flagship immigration policy faces an uncertain future.
As Channel crossings continue and political pressure mounts from Reform UK’s rising popularity, the government’s inability to execute even a single deportation under its landmark France deal raises serious questions about whether the “one-in, one-out” arrangement can deliver the deterrent effect ministers have promised.
Follow for more updates on Britannia Daily
Image Credit:
Prime Minister Keir Starmer meets President Emmanuel Macron (29 August 2024) — photo by Simon Dawson / No 10 Downing Street, licensed under Open Government Licence v3.0 (OGL 3.0).
