The UK and France’s latest bid to stem irregular Channel crossings may prove more controversial than effective. Under the new pilot migration deal, the UK will send small boat arrivals back to France, while accepting an equal number of asylum seekers from the French system.
However, legal experts including Professor Steve Peers have flagged serious legal concerns.
“The arrangement could be subject to EU legal scrutiny and potential judicial review,”
he spoke.
The deal lacks a full legal treaty text, and only joint statements and ministerial summaries currently exist. That ambiguity raises concerns about EU treaty compatibility and human rights safeguards.
Before Brexit, the Dublin Regulation enabled the UK to return asylum seekers to EU countries like France under strict criteria. That agreement also required the UK to take in asylum seekers with family ties in Britain, fostering humane outcomes and structured cooperation.
Brexit ended the UK’s participation in the Dublin framework. Since then, cross-border travel policies have fragmented, complicating not only asylum logistics but also business, tourism, and study travel arrangements across the Channel.
A legally uncertain migration system risks creating border delays, heightened checks, and reputational damage to routes like Eurostar and Dover-Calais ferries, popular among European tourists and students.
The previous UK government’s asylum plan involved sending claimants to Rwanda, a deal struck down by the UK Supreme Court as Rwanda was deemed not safe. The newly elected Labour government scrapped the plan, marking a pivot towards bilateral EU deals.
Yet this UK-France deal might trigger similar litigation, particularly around whether France qualifies as a “safe third country” for specific asylum cases.
Professor Peers warned,
“Courts will ask not just if France is safe in general, but whether individual removals breach rights under UK and international law.”
EU law could pose a final obstacle. Under Article 3 TFEU, the EU has exclusive powers on treaties affecting common asylum rules. Member states like Italy and Greece argue that France accepting asylum seekers from the UK might push more back onto their systems under Dublin rules.
The European Commission could block the treaty, or demand that it undergoes full legislative approval, a time-consuming process. If France ignores this, court action may follow, adding further uncertainty.
For tourism, especially between the UK and France, policy consistency and smooth borders are essential. Uncertainty around asylum protocols can:
- Increase border friction
- Delay travel across major ferry and rail routes
- Deter cultural exchange and student mobility
- Create negative perceptions of regional openness and hospitality
According to the European Travel Commission, over 26 million leisure trips occurred between the UK and France in 2023. Any disruption to cross-border cooperation can hurt this vital sector.
