UN Experts Warn UK-France Asylum Deal Risks Human Rights Violations

UN Experts Raise Alarm Over UK-France Asylum Agreement

A group of nine United Nations experts, including seven special rapporteurs, has formally warned that a new asylum deal between the United Kingdom and France risks violating international human rights laws. The experts conveyed their concerns in a 20-page letter sent to both governments on December 8, 2025, which was subsequently published on February 6, 2026.

The agreement, known as the 'one in, one out' asylum system or the 'UK-France returns treaty', is a pilot scheme that officially came into force on August 4, 2025, following its agreement in July 2025 by then-Prime Minister Keir Starmer and French President Emmanuel Macron. Under the terms of this deal, France is to accept the return of one individual who has arrived irregularly in the UK by boat for every asylum seeker the UK agrees to take from France.

Concerns Over Human Rights and Due Process

The UN experts' letter highlights several critical areas where the deal could lead to 'serious violations of international human rights law'. Their concerns include:

• Exposure of individuals to 'threats to life, torture and other ill-treatment, and the denial of due process'.
• The detention of torture survivors, which they suggest 'may in itself amount to cruel, inhuman and degrading treatment'.
• A perceived failure to protect individuals who are suicidal.
• The inclusion of children in the scheme, despite explicit exclusions.
• Arbitrary selection criteria for returns and the risk of refoulement, where individuals could be sent onward from France to unsafe countries.
• The reported use of 'hooding' and 'restraint techniques' during removals.

The letter includes detailed case studies, featuring asylum seekers from countries such as Sudan, Gaza, Eritrea, and Yemen, many of whom are survivors of torture and trafficking.

Government Responses and Broader Context

In response to the criticisms, a spokesperson for the UK Home Office has maintained confidence in the legal basis of the pilot scheme, asserting that it 'complies fully with domestic and international law'. The Home Office has also stated its commitment to detaining and returning those who arrive illegally, as part of a broader effort to 'crack down on illegal migration'.

While the UNHCR (UN Refugee Agency) initially welcomed the pilot in July 2025 as an 'important initiative' that could foster a 'managed and shared approach' to migration, provided it was appropriately implemented and upheld asylum access, the recent warning from the independent UN experts presents a more critical assessment. By November 2025, UNHCR had encouraged cooperation with 'right safeguards in place' for lawful transfers, referencing the 'one-in, one-out' system.

The deal has also faced legal challenges, with fifteen French and UK human rights organisations launching a legal challenge in France in October 2025, led by French lawyer Lionel Crusoé.

Conclusion

The publication of the UN experts' letter intensifies scrutiny on the UK-France asylum deal, highlighting a significant divergence between the stated intentions of the signatory governments and the potential human rights implications identified by international bodies. The coming months are expected to see continued debate and potential legal action regarding the scheme's implementation and its adherence to international human rights obligations.