In July, the Home Office announced a new ‘one-in-one-out policy (the ‘Policy’).  We wrote about this previously. The Policy is now in operation and the first removals to France are set to take place this week. 

Who is targeted by the Policy?

The Policy is aimed at adults that come to the UK to claim asylum by small boats.  These claims can now be treated as ‘inadmissible’, which means the Home Office will not process your asylum claim in the UK because they say you have a connection to a ‘safe third country’ (often a country you passed through, like France). Instead of looking at your reasons for asylum, they try to transfer you to that country to have your claim dealt with there, meaning that the asylum claim will not be decided in the UK and will instead be decided back in France.

The Home Office has also recently released official guidance saying that France is considered a safe country because they assume it follows refugee law and human rights standards. 

In exchange, for accepting to take a person back under this Policy, France will send a person who has claimed asylum back to the UK.  

The Government claims that the aim behind the Policy is to discourage people from making ‘dangerous’ journeys to the UK and to disrupt the smuggling networks behind these journeys.

The Guardian has written about some of the early experiences of those detained under the Policy.

How might this Policy work in practice?

When you claim asylum in the UK, you have a screening interview.  This is part of the normal asylum process for everyone.  

At this interview, the Home Office listens to your answers. If they think your answers show that you travelled through France, they may use this information against you.

If  the Home Office finds this evidence, they may decide your asylum claim is inadmissible. You then get a ‘Notice of Intent’ decision letter.  This letter officially tells you that the Home Office is thinking about sending you back to France.  

You have 7 days to  respond to this letter if you are in detention and 14 days to respond if you are not detained.  You can ask for extra time if you need it to get extra evidence. 

 In your response letter you may want to explain to the  the Home Office:

• What happened when you travelled l through France, especially if you were controlled by a trafficker, or an agent. 
• What happened to you in your home country, or during the journey to the UK.  
• Why you should be allowed to stay in the UK, such as if you have family here, you have children and/or details of any physical or mental health issues.  

If the Home Office decides to continue with the removal, they have 14 days to ask France to take you back.  France then has 14 days to respond to say whether they agree or not.  

Bail for Immigration Detainees (BID) has produced a useful Guide explaining how to navigate this process in more detail.  This Guide includes draft letters that you can use when you need to communicate with the Home Office under this Policy.  

Summary of the process

1. You claim asylum in the UK.
2. You have a screening interview.
3. The  Home Office considers if there is evidence that your case is inadmissible (For example, that you travelled through France).
4. If they think there is evidence, a decision is made to consider your asylum claim under the Policy.
5. You are sent a Notice of Intent letter.
6. You respond with the reasons why your claim should be considered in the UK. Within 7 days if in detention, 14 days if not (you can ask for extra time).
7. The  Home Office has 14 days to make an application to France to take you back.
8. France has 14 days to respond.
9. If France agrees to your return, you can now be removed.  

There is no appeal against these decisions. The only way to challenge this decision is through Judicial Review.

Getting legal advice

It is important to try to get advice from a lawyer  If you are in detention, legal advice is available at the Detention Duty Advice Scheme.  AVID has produced detailed guidance on accessing lawyers in detention.  BID may also be able to support you.   

Applying to come to the UK from France

If you are in France and you want to come to the UK in exchange under this Policy, you can submit an expression of interest. 

Free Movement have produced a helpful Guide to explain how this process will work.

You have to be in France to benefit from this scheme and you will need  identity documents to prove who you are.   

If you are accepted under the Policy, you will be granted entry clearance to come to the UK. 

We are grateful to Ojas Parkhi for the image.