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)?
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