UN warns UK-France asylum return deal may breach human rights law

The United Nations has urged the UK and France to reconsider their controversial “one in, one out” asylum return arrangement, warning it could lead to serious breaches of international human rights obligations.

In a detailed 20-page communication sent to both governments in December 2025 and made public in February 2026, nine UN human rights experts – including several special rapporteurs – raised concerns about how the scheme is being implemented. The experts highlighted potential violations linked to the detention and removal of asylum seekers from the UK to France, particularly individuals considered vulnerable.

According to the letter, the scheme has involved detaining people from countries such as Sudan, Gaza, Eritrea, Yemen and Iran, including survivors of torture, trafficking and conflict. The experts warned that detaining torture survivors ahead of forced returns could amount to cruel, inhuman or degrading treatment. They also expressed concern about reports of individuals experiencing severe mental distress, including suicidal thoughts, while in detention.

The UN’s concerns echo accounts from some asylum seekers affected by the arrangement. Reports referenced in the letter describe individuals being returned to France despite fears of smugglers or reprisals, as well as allegations about the use of force and restrictive detention conditions. Some case studies cited include claims of degrading treatment during removal procedures and challenges faced by vulnerable individuals in proving their protection needs.

The experts also questioned how individuals are selected for return under the scheme and whether sufficient safeguards exist to prevent “onward refoulement” – the risk of being sent from France to another country where they may face harm. They raised concerns that children and trafficking survivors may have been caught up in the process despite intended safeguards.

In their letter, the UN experts called on both governments to halt the arrangement and ensure that migration management policies comply fully with international human rights standards and do not create further risks for already vulnerable people.

Advocacy groups have supported the UN’s intervention, arguing that the scheme exposes migrants to harm and undermines due process protections. However, the UK Home Office has stated that it remains confident the pilot arrangement has a lawful basis and complies with domestic and international law. UNHCR officials confirmed they are continuing dialogue with both countries, sharing concerns and observations for review.

LawSentis:

From a legal and policy perspective, developments like this highlight the growing scrutiny around bilateral return agreements and their compliance with international protection standards. For individuals with UK immigration matters – particularly asylum, human rights claims or removal risks – the situation underlines the importance of obtaining clear legal advice based on current policy and case law.

At LawSentis, we closely monitor policy pilots, return agreements and human-rights-based challenges that may affect applicants and residents in the UK. Our team provides guidance on asylum claims, judicial review options, detention challenges and complex immigration matters where human rights considerations are central.

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