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A cabinet minister has said attempts to deport asylum seekers could be delayed in the courts, amid confusion over whether there is a human rights “loophole” in the UK’s migration deal with France.
The “one in, one out” agreement will see migrants ineligible to stay in the UK sent back across the Channel. In exchange, the UK will take from France those who have links to Britain.
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The treaty contains a clause that says in order for people to be returned, 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.
Chris Philp, the Conservative shadow home secretary, said it was an obvious “loophole” in the deal.
However, Culture Secretary Lisa Nandy told Sky News this was “not the case at all”.
“The deal that we’ve struck will allow people with us to send people back to France who have human rights claims. Those claims will be heard in France,” she said.
But despite denying there was a loophole, Ms Nandy admitted deportations could get held up in UK the courts.
She said: “Obviously there are people who will try to frustrate the process through the courts, but we’re speeding up the court process to make sure that those delays will be minimal and we will be able to return people to France so that, if they have an asylum claim, for example, that claim can be heard in France if they’ve travelled through France on the way here on small boats.”
When asked for clarity, the Home Office insisted people can be removed from the UK if they have made a human rights claim which is “clearly unfounded” in UK law.
It is understood that preparations have been made for judicial challenges against these decisions to be heard by UK courts from…
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