The first day of Sir Keir Starmer’s new “one in, one out” deal with France saw migrants continuing to arrive on UK shores. The migrant returns agreement appeared to falter on day one as French authorities escorted a dinghy to UK waters.
A UK Border Force boat was spotted ferrying migrants, including children, into the Port of Dover on Wednesday (August 6). Migrants carrying their belongings and wearing orange life jackets were then escorted off the boat to be processed before leaving the port.
Soon after, a second Border Force ship also carrying migrants who set off from the French coast was brought in. The returns deal is the latest attempt by the UK government to get a grip on the migrants crisis. Past governments have attempted to make the case for so called “turn around” tactics to intercept and return migrants as they cross the Channel.
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In 2021, the Conservative government authorised Border Force officials to use “turn around” or “pushback” tactics, if approved by the then home secretary Dame Priti Patel.
The government argued such moves would be “safe and legal”, but the French was against the plan, arguing it would break maritime law.
Greece has used similar tactics, which were also criticised by the United Nations for raising the risks for migrants at sea. Britain’s policy was scrapped ahead of a High Court challenge in 2022.
The UN Convention on the Law of the Sea includes an obligation to rescue anyone in danger at sea. Article 98 obliges countries to require all ship captains to help those in danger at sea as long as it doesn’t cause serious danger to their vessel.
Article 25 of the Convention allows states to prevent passage in territorial waters to stop crime, smuggling or breaching immigration rules.
However, if such tactics put vessels in danger, the search and rescue obligation still applies. Any return of a vessel to a state’s territorial waters would require that country to agree to it.