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#Post#: 84469--------------------------------------------------
One in one out
DIR By: andy_foster
Date: August 6, 2025, 1:35 pm
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This thread is not for "discussing" the merits or otherwise of
illegal immigration (or else!), but for trying to get my head
around the apparent legal issues as the law currently stands.
This is also most definitely not a thread for seeking or giving
legal advice on any specific live immigration cases.
The legal basis of the situation we are currently in with
illegal immigration in small boats from Calais is apparently
that anyone entering a country illegally is to be treated as an
asylum seeker if it is reasonably suspected that they will seek
to claim asylum, and that until their claim has been determined,
their status remains. Unless anyone here is in a position to
change this situation, that is our starting point, unless
someone is able to clarify or correct my understanding (once
again, "or else!").
A side question concerns the legality of "assisting" these
illegal immigrants. Apparently lorry drivers are still being
fined regardless of culpability if illegals stow away on their
lorries, but the RLNI and Border Force are apparently doing
absolutely nothing wrong when they pick up illegal immigrants
from the channel - whether in UK waters or just off the beach in
Calais.
Once again, this thread is not for arguing the merits or
otherwise of illegal immigration, for this part, to try to
understand what distinction if any there is in law between
hapless lorry drivers and those that set out to "rescue" the
illegal immigrants and bring them here.
The core of my question however, concerns the legal issues
surrounding the "one in one out" scheme. This thread is not for
a political debate regarding the efficacy of the scheme, but to
understand and clarify the legal issues. Or else!
TL;DR - the crux of the question is the premise that we cannot
deport illegal immigrants who came over from France back to
France unless France agrees to accept them. Seemingly this would
apply regardless of whether their claim had been determined, and
whether the illegal immigrant was happy to be deported (let's
assume that they won't be).
The first question is that of acceptance. If we can't simply
send them back to France without France's agreement, how can
they send themselves here without our agreement? If France can
simply refuse to take them back, why can't we simply refuse to
take them.
The second question is one of the "rights" of the "asylum
seeker" assuming that their claim has not yet been determined.
If we can deport them against their wishes if France agrees to
take them, can we either just simply deport them anyway, or
alternatively deport them to somewhere else that can be
considered safe (such as the Chagos Islands)?
#Post#: 84579--------------------------------------------------
Re: One in one out
DIR By: Spandex
Date: August 7, 2025, 7:50 am
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