Philip Trott talks to LBC’s Andrew Marr about the UK-France migrant removal deal
17 September 2025
Vanessa Ganguin Immigration Law Senior Counsel Philip Trott spoke to LBC’s Andrew Marr about legal challenges to the UK government’s agreement with France for the return of immigrants who cross the channel unofficially in small boats.
The UK government has failed for three days in a row to return adult immigrants, with cases deemed inadmissible as they had come to the UK in small boats, back to France as part of a pilot agreement between the two countries.
The Home Office has said it intends to challenge a High Court decision to block the removal of an Eritrean man to France under the scheme. While arguments for the claimant were made about the destitution he would face in France, the court was not persuaded but stopped his removal while his claims of being a trafficking victim were dealt with. Other individual challenges are expected.
The media was briefed that the Home Secretary Shabana Mahmood is reviewing the Modern Slavery Act and its use by many of those due to be removed under the scheme who may have claims to be victims of trafficking.
Media reports have said that the UK government is aiming to return around 50 people per week, however there is no indication of numbers in the pilot scheme known as the “one in, one out” agreement as there will be a “balancing” to ensure that the number of people being returned to France match those travelling the other way to reunite with family in the UK.
The biggest hurdle may end up being due process occurring within the deadline imposed by the treaty of 14 days to make the request to France. The French are keen the pilot scheme is not mired in human rights challenges.
Senior Counsel Philip Trott, a regular commentator on immigration matters told presenter Andrew Marr that the individual human rights of those that had been thus far given removal orders had prevented anyone being flown back to France yet. There would always be legal challenges, he explained. You can watch the conversation here: