04 February 2022
The government recently suggested the British Navy could be used to deter asylum seekers from crossing the English Channel on dinghies and small boats
It also indicated sonic weapons could be used. Writing in this week’s NLJ, Elspeth Guild and Rebecca Niblock, of Kingsley Napley, look at these suggestions from a legal (and practical) standpoint.
Professor Guild, legal counsel and immigration law specialist, and Niblock, criminal litigation partner, cover border control arrangements in place between France and the UK, including the Sandhurst Agreement which cannot be used because ‘the assumed legal framework on which the agreement was negotiated and which is built into the agreement no longer exists’.
The authors look at the legality of the proposals as well as the experiences of other countries, including with Operation Sophia, covering case law, international law and recent statements by ministers.
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