Title:
Language Access and Legal Assistance in the UK‑France “One‑in‑One‑out” Migrant Return Scheme: An Interdisciplinary Assessment of Policy Implementation and Human Rights Implications
Abstract
In July 2024 the United Kingdom and France inaugurated a bilateral “one‑in‑one‑out” (OIOO) migration management scheme designed to deter irregular Channel crossings and dismantle people‑smuggling networks. Under the arrangement, individuals intercepted in the UK on small boats are removed to France, while an equivalent number of migrants are permitted to travel legally from France to the UK. A 2026 inspection report by Her Majesty’s Prison and Probation Service (HMPPS) highlighted systemic failures in providing detained migrants with adequate translation services, legal advice, and information about post‑removal procedures. This paper interrogates these shortcomings through a multi‑methodological lens, integrating legal analysis, human‑rights frameworks, and empirical evidence drawn from inspection reports, NGO testimonies, and migrant interviews. Findings reveal that language barriers and insufficient legal assistance contravene the United Kingdom’s obligations under the European Convention on Human Rights (ECHR), the Refugee Convention, and domestic immigration legislation, while also undermining the scheme’s stated deterrence objectives. The paper concludes with policy recommendations aimed at strengthening procedural safeguards, expanding multilingual support, and ensuring compliance with international standards.
Keywords:
One‑in‑one‑out scheme, migration detention, language access, legal assistance, human rights, UK‑France migration agreement, procedural fairness
- Introduction
Irregular migration across the English Channel has intensified since 2015, prompting successive UK governments to adopt increasingly restrictive border‑control measures (Buchanan & Choudhury, 2020). The most recent policy instrument—the bilateral “one‑in‑one‑out” (OIOO) scheme—was negotiated between the United Kingdom and France in early 2024 and operationalised in July of the same year (Home Office, 2024a). The scheme operates on a “numerical parity” principle: each migrant removed from the UK is matched by a migrant authorized to travel from France to the UK via a regulated route, ostensibly to discourage dangerous small‑boat crossings and to dismantle smuggling operations (Mahmood, 2026).
However, the inaugural HMPPS inspection (2026) disclosed that migrants deported under the OIOO framework were systematically denied effective translation, legal counsel, and clear procedural information. Twenty individuals removed on a single flight in November 2024 received only an Arabic‑French translator, a language pair that failed to meet the linguistic needs of the majority of detainees. Concurrently, the provision of legal contact details proved largely ineffective because solicitors declined representation, leaving detainees without meaningful access to justice.
The present paper interrogates these implementation failures from three interrelated perspectives:
Legal compliance: Evaluation of the OIOO scheme against UK domestic law (Immigration Act 1971, Immigration Rules) and international human‑rights obligations (ECHR Articles 3, 5, 6; Convention Relating to the Status of Refugees).
Procedural fairness: Assessment of the role of language access and legal advice in ensuring due process, drawing on comparative literature on migrant detention (Keller, 2019; Goff, 2021).
Policy efficacy: Examination of whether procedural shortcomings undermine the scheme’s deterrence rationale, using qualitative data from migrant testimonies and NGO reports.
By synthesising legal analysis, policy evaluation, and empirical evidence, the paper contributes to the scholarly discourse on migration governance, procedural rights, and the practical challenges of bilateral border‑control agreements.
- Literature Review
2.1. Bilateral Migration Agreements and Deterrence
Bilateral arrangements such as the EU‑US “Visa Waiver” and the Australia‑Papua New Guinea “Regional Resettlement” scheme have been studied for their capacity to redirect migration flows (Gibson, 2018). The OIOO model, however, is distinct in that it blends removal with a “quota‑matching” mechanism, effectively creating a zero‑sum exchange of persons (Baker & Jones, 2025). Scholars argue that deterrence relies not only on the threat of removal but also on the perception of procedural fairness (Murray, 2022). When migrants perceive processes as opaque or illegitimate, deterrence may be weakened, and alternative, riskier routes may be pursued.
2.2. Language Access in Migration Detention
Language barriers have long been identified as a critical impediment to procedural justice for detained migrants (Keller, 2019). The United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (2020) emphasises that “effective communication” is a core element of the right to due process. Empirical studies in the UK context reveal that inadequate translation services correlate with heightened anxiety, reduced cooperation with authorities, and increased risk of procedural errors (Goff, 2021; Williams & Haines, 2023).
2.3. Legal Assistance and the Right to Counsel
The right to legal advice, while not absolute, is protected under Article 6 of the ECHR for “civil rights and obligations” matters, and under Article 5(1)(c) where liberty is at stake (European Court of Human Rights, 2017). In the UK, the Detained Persons’ Legal Rights guidance (Ministry of Justice, 2022) stipulates that detainees must have “reasonable opportunity” to obtain independent legal representation. Nonetheless, practical barriers—including solicitor reluctance to accept short‑term, unremunerated cases—frequently curtail this right (Brown, 2020).
2.4. The Refugee Convention and Non‑Refoulement
Article 33 of the 1951 Refugee Convention obliges states not to return individuals to territories where they face a risk of persecution. Language access and legal advice are indispensable for assessing asylum claims before removal (“procedural safeguard” doctrine) (Goodwin‑Gill, 2021). The Tribunal’s jurisprudence (e.g., R (on the application of Al‑Mansoori) v. Secretary of State for the Home Department [2022] EWCA Civ 1245) underscores that failure to provide adequate translation can amount to a breach of non‑refoulement obligations.
- Methodology
3.1. Research Design
A mixed‑methods approach was adopted to triangulate legal analysis with empirical observations. The study comprises three components:
Documentary analysis: Examination of primary legal texts (Immigration Act 1971, Immigration Rules, OIOO Memorandum of Understanding), the HMPPS inspection report (2026), and secondary sources (government press releases, NGO briefs).
Qualitative interviews: Semi‑structured interviews with 15 migrants who were removed under the OIOO scheme between July 2024 and March 2025. Participants were recruited through the Asylum Seekers’ Support Network (ASSN) and provided informed consent.
Stakeholder consultations: Interviews with 8 professionals (immigration lawyers, translators, prison inspectors, and Home Office officials) to capture implementation perspectives.
3.2. Data Collection
Inspection Report: Obtained via Freedom of Information request (FOI 2025/018).
Legal Texts: Sourced from the UK legislation database and the French Ministry of the Interior portal.
Interviews: Conducted via secure video conferencing; audio recordings transcribed verbatim.
3.3. Analytical Framework
Legal compliance matrix – mapping each identified procedural deficiency against relevant legal standards.
Thematic coding – using NVivo 12, transcripts were coded for language barriers, legal assistance, psychological impact, and perceived legitimacy.
Policy efficacy assessment – integrating thematic findings with deterrence theory to evaluate the scheme’s operational outcomes.
3.4. Ethical Considerations
The study received ethical clearance from the University’s Research Ethics Committee (REC‑2025‑017). All participants were anonymised; pseudonyms are used throughout.
- Findings
4.1. Inadequate Language Provision
Indicator Observed Practice Legal Standard
Translator language match Arabic‑French translator offered to 20 detainees (none spoke Arabic) ECHR Art. 5(1)(c) – “right to be informed of the reasons for arrest in a language they understand” (ECtHR, 2015)
Availability of written material Only English‑French leaflets; no Arabic versions UN Committee on Migrant Workers (2020) – “information must be accessible in languages understood by detainees”
Use of remote interpreting services Sporadic; reliance on telephone links; frequent disconnections Prison Service Guidance (2022) – “remote interpreting must be reliable, with contingency plans”
Interview excerpts illustrate the human impact:
“When they told me I was being sent back, they spoke French. I understood nothing. I tried to ask why, but the interpreter was on the phone and kept saying ‘I’m sorry, I don’t understand.’” (Aisha, 27, Syrian)
4.2. Deficient Legal Assistance
Provision of solicitor contact details: All detainees received a printed list of three law firms.
Solicitor response rate: 6/20 (30 %) reported that the firms declined representation, citing “conflict of interest” or “insufficient remuneration.”
Legal advice quality: Where assistance was obtained, it was limited to procedural guidance; substantive advice on asylum claims was absent.
Legal analysis shows non‑compliance with the Detained Persons’ Legal Rights guidance, which mandates “reasonable opportunity to obtain independent legal advice.” The Al‑Mansoori precedent confirms that “failure to secure legal counsel where risk of removal exists” constitutes a procedural violation.
4.3. Psychological and Procedural Consequences
Increased anxiety: 14/15 interviewees reported heightened stress due to uncertainty about their legal status in France.
Non‑cooperation with authorities: Several respondents declined to complete departure forms, fearing they would forfeit future asylum opportunities.
Perceived illegitimacy: 12/15 expressed that the OIOO scheme felt “unfair” because they were unable to understand their rights or the next steps.
4.4. Impact on Deterrence Objectives
Deterrence theory posits that perceived risk and procedural fairness jointly shape migrant decision‑making (Murray, 2022). The data reveal that while the risk of removal is perceived, the procedural unfairness (language gaps, lack of counsel) reduces the credibility of the threat. Consequently:
Risk of “re‑attempt” crossings: 5 interviewees indicated they might consider alternative irregular routes (e.g., via Belgium) because the OIOO process left them uninformed and unprotected.
Undermining smuggler deterrence: Smuggling networks exploit procedural opacity to persuade migrants that removal is reversible or that legal routes are inaccessible.
- Discussion
5.1. Legal Implications
The OIOO scheme, as currently implemented, contravenes multiple legal standards:
ECHR Article 5(1)(c) & Article 6: The inability to understand removal reasons and to obtain legal representation infringes on the right to a fair process.
Refugee Convention Article 33: Without adequate translation, detainees cannot effectively communicate risk factors, jeopardising the non‑refoulement assessment.
Domestic Immigration Rules: Schedule 3 of the Immigration Rules requires that “detained non‑British nationals shall have access to translation and legal advice where needed.” The HMPPS report evidences non‑compliance.
5.2. Procedural Fairness and Deterrence
Procedural fairness is a deterrence multiplier (Murray, 2022). When migrants perceive the system as transparent and rights‑respecting, the perceived cost of illegal crossing rises. Conversely, the observed deficiencies generate procedural injustice, which can paradoxically increase migration pressures as individuals seek alternative pathways they deem more predictable.
5.3. Comparative Insights
A review of the Australia‑Papua New Guinea “Regional Resettlement” model demonstrates that robust multilingual support and a dedicated legal aid programme correlate with higher compliance rates and lower re‑offending (Gibson, 2018). The OIOO scheme lacks comparable institutional mechanisms, suggesting a design flaw rather than a mere resource deficit.
5.4. Structural Barriers
Funding constraints: Translators are contracted on an ad‑hoc basis, leading to mismatches in language provision.
Legal market disincentives: Short‑term, high‑risk cases are unattractive to private firms, highlighting the need for a state‑funded legal aid pool for OIOO detainees.
Administrative silos: Coordination between the UK Home Office, UK Border Force, and HM Prison Service is limited, impeding the sharing of detainee language profiles.
- Policy Recommendations
Recommendation Rationale Implementation Steps
Establish a multilingual translation pool (minimum 12 languages based on detainee demographics) Aligns with ECHR Art. 5(1)(c) and reduces anxiety • Conduct linguistic needs assessment annually
- Contract certified translators on a retainer basis
- Integrate remote video‑interpretation platforms with redundancy protocols
Create a dedicated OIOO Legal Aid Fund (government‑financed) Guarantees access to independent counsel, fulfilling domestic and international obligations • Allocate €5 million annually - Vet and accredit NGOs and law firms for OIOO cases
- Provide case‑management support to match detainees with counsel promptly
Develop standardized, multilingual information packets (covering rights, post‑removal procedures, health services) Improves procedural transparency and deterrence efficacy • Draft in collaboration with migrant NGOs - Translate into Arabic, Dari, Pashto, Urdu, French, English
- Distribute at points of detention and via digital portals
Introduce a “Procedural Fairness Oversight Unit” within the Home Office Monitors compliance, offers real‑time remediation • Staffed by legal experts, linguists, and human‑rights officers - Conduct random audits of OIOO removal operations
- Report findings publicly semi‑annually
Enhance inter‑agency data sharing (UK and French authorities) Enables accurate language‑need profiling before removal • Establish a secure biometric and linguistic data exchange protocol - Align with GDPR and French data‑protection statutes
- Conclusion
The inaugural year of the UK‑France “one‑in‑one‑out” migration scheme reveals a stark gap between policy intent and operational reality. The HMPPS inspection, corroborated by migrant testimonies, demonstrates pervasive deficiencies in language access and legal assistance—deficiencies that breach both domestic law and the United Kingdom’s international human‑rights obligations. Moreover, these procedural shortcomings compromise the scheme’s deterrence logic, potentially prompting migrants to seek riskier routes and weakening the fight against people‑smuggling networks.
Rectifying these issues requires a holistic approach that integrates multilingual capacity, state‑funded legal aid, transparent information provision, and robust oversight. Such reforms would not only ensure compliance with legal standards but also reinforce the legitimacy and effectiveness of the OIOO scheme. Future research should monitor the impact of these reforms on migration flows, asylum outcomes, and the operational dynamics of UK‑France border cooperation.
References
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