EU law says let illegal immigrants go

THE EU’s highest court yesterday inflicted a major blow on attempts to stop illegal immigrants trying to sneak into Britain.

In an extraordinary ruling, the European Court of Justice (ECJ) blasted France for imprisoning a refugee caught with a stolen passport at the entrance to the Channel Tunnel.

It said the authorities were ‘not permitted’ to lock up Ghanaian Selina Affum. Instead, she should have been released – giving her the chance to disappear and try again.

The ruling effectively means France cannot detain illegal immigrants when it catches them trying to sneak into Britain. Critics said the controversial judgment would potentially encourage thousands of people from outside Europe who want to slip into the UK unlawfully.

The ruling is another headache for David Cameron, who has faced criticism over his record on immigration during the referendum debate.

Miss Affum was held by French police at the Channel Tunnel entrance on a coach travelling from Ghent in Belgium to London in 2013.

She had a false Belgian passport but possessed no other travel documents. She was placed in custody while officials waited to return her to Belgium.

Under French law, illegal entry is punishable with up to a year in prison. But the ECJ – which rules on issues of European Union law – said France had no right to detain her under EU rules.

Last night, justice minister Dominic Raab said: ‘This ruling threatens the integrity of our borders, and create serious risks for security.’

But Labour MP Emma Reynolds, of Britain Stronger In Europe, said: ‘The Leave campaign know perfectly well that this ruling does not apply to the UK because we are exempt from this directive.’