'You're a threat to our borders!' Fury as EU court rules France CAN'T imprison migrants for trying to cross the Channel - meaning they could be freed to try again
- European Court of Justice found against French in case of Ghanaian migrant
- Concluded woman had been unlawfully detained for illegally entering the UK
- Ruling raises questions about whether migrants could be freed to try again
- Justice minister Dominic Raab says ruling threatens our borders
- See more immigration news updates at www.dailymail.co.uk/migrantcrisis
Migrants cannot be imprisoned just because they try to sneak across the Channel from France, the European Court of Justice has declared.
The ruling against French authorities raises the prospect that people could be free to attempt to gain access to Britain again.
It comes with Home Secretary Theresa May under intense pressure to tackle the problem of migrants entering the UK illegally via lorries and ports
Migrants walk on the railway tracks leading to the entrance of the Channel Tunnel.
Judges in Luxembourg were considering the case of a Ghanaian woman, Selina Affum, who was caught by police on a bus at the Channel Tunnel.
After she tried to use a Belgian passport in someone else's name, French police placed her in custody for illegal entry into the country and asked Belgium to readmit her.
However, after Ms Affum appealed the ECJ decided that detaining her was against the EU's 'return directive' that covers deporting migrants.
Those rules say illegal migrants who have committed no other offence should be invited to go home voluntarily first, and can only be locked up if they fail to comply or there is a risk they will flee.
The judges said: 'The return directive prevents a national of a non-EU country who has not yet been subject to the return procedure being imprisoned solely because he or she has entered the territory of a Member State illegally across an internal border of the Schengen area.
'That is also the case where that national, who is merely in transit on the territory of the Member State concerned, is intercepted when leaving the Schengen area and is the subject of a procedure for readmission into the Member State from which he or she has come.'
The judgement added: 'The Court thus holds that the Member States cannot permit nationals of non-EU countries in respect of whom the return procedure established by the directive has not yet been completed to be imprisoned merely on account of illegal entry, resulting in an illegal stay, as such imprisonment is liable to thwart the application of that procedure and delay return, and thereby to undermine the directive's effectiveness.'
Justice minister Dominic Raab, a Brexit campaigner, said: 'These rulings by the European Court of Justice threaten the integrity of our borders, and create serious risks for our security.
'It's also a stark illustration of our loss of proper democratic control to the EU over a sensitive area of policy.
'The ruling increases the risk that illegal immigrants will be able to enter the UK, because it weakens the ability of other EU governments to put in place proper checks.
'The EU is simply not fit for purpose, and the only way to take back control is to Vote Leave on June 23.'
But Labour MP Emma Reynolds, a Remain supporter, said: 'The Leave campaign is misleading people yet again. They know perfectly well that this court ruling does not apply to the UK because we are exempt from this directive. 'Leaving the EU will make it harder to work with other countries to keep our border secure. That's why law enforcement professionals say we will be safer in Europe than out on our own.'
Britain is not a member of the 26-state Schengen passport free area, and is not covered by the return directive.
But many migrants who reach the continent fleeing from conflict and poverty hope to reach the UK.
Thousands gathered at the so-called 'Jungle' camp near Calais before it was torn down earlier this year.
A site near the Eurostar terminal in Paris has now turned into a staging post for more than 2,500 mainly African and Asian migrants, many of whom aim to reach the UK.
Paris's socialist mayor Anne Hidalgo announced plans to build the first international refugee camp in the capital, a decision that is thought to have attracted many to the city.
Most in the current camp are young men, many using the rubbish-strewn shanty town as a base to plan their passage to Britain.
Almost all who spoke to the Daily Mail this week said they had entered Europe by paying smugglers to take them across the Mediterranean in fishing boats from northern Africa or Turkey.
Once in Europe, they hitched lifts in lorries or took trains and buses to reach the French capital. They said they selected the Jardins d'Eole because it is close to Gare du Nord, where high-speed trains travel to and from London.
Trains also go to ports on the coast of Normandy and Brittany, where many will try to sneak on to lorries or find people smugglers to take them to Britain by boat.
The Jardins d'Eole near the Eurostar terminal in Paris has been turned into a squalid camp for over 2,500 mainly African and Asian migrants
Boris and Gove challenge rattled PM to showdown after he accuses them of peddling 'untruths'
Boris Johnson and Michael Gove have laid down the gauntlet to David Cameron after he accused them of peddling 'untruths' during the referendum battle.
At a hastily arranged press conference, the Prime Minister tried to stem an apparent surge in support for Brexit by pleading with the public not to believe 'con tricks'.
But he was forced to deny being rattled by the prospect of losing the referendum after a series of polls showed momentum slipping away from the Remain side.
The Justice Secretary and former London mayor also hit back by insisting that Brexit was the 'safer choice' and challenging him to a head-to-head debate on the facts.
Scroll down for video
Prime Minister David Cameron called a press conference with just 90 minutes' notice this morning amid signs the Remain side is losing momentum
The row came ahead of a key television showdown tonight which saw Mr Cameron and Nigel Farage grilled by a live audience on ITV.
The Prime Minister has refused to face off directly with the Ukip leader or any other Brexit campaigner, so the two will appear consecutively.
Mr Cameron said the consensus was that Brexit would cause 'instability, jobs and investment lost' and a 'decade of uncertainty'.
'What have we heard from those who want us to leave? Complacency and nonchalance,' he said.
'A casual wave of the hand. They say people have had enough of hearing from experts.
'Had enough of experts. Would you say that if you were building a bridge? Or if you were buying a house?
'Of course not. Why would you say it about one of the most important and complex decisions that this country will have to take in our lifetime?'
But Mr Johnson and Mr Gove hit back in a joint statement:'The real risk for Britain in this referendum is voting to remain in the EU with a broken single currency and a rogue European Court.
'The safer choice is voting to leave, so we can take back control of our money, borders, security, trade and taxes.
Archbishop slams Farage for 'legitimising racism' by warning of Cologne-style sex attacks in Britain unless we leave the EU
The Archbishop of Canterbury has launched a furious attack on Nigel Farage for 'legitimising racism'.
Justin Welby said the Ukip leader's claim that there could be Cologne-style sex attacks if we stay in the EU was 'inexcusable'.
The intervention, hours before Mr Farage is due to take part in a televised EU referendum special with David Cameron, came as the Archbishop gave evidence to MPs.
Nigel Farage on the Brexit campaign trail on London today. Archbishop of Canterbury Justin Welby has accused him of 'legitimising racism'
Mr Welby told the Home Affairs Committee that such comments had resulted in violence in the past.
'I think that is an inexcusable pandering to people's worries and prejudices,' he said.
'That is giving legitimisation to racism which I've seen in parishes in which I've served, and has led to attacks on people in those parishes. We cannot legitimise that.
'What that is, is accentuating fear for political gain and that is absolutely inexcusable.'
Mr Farage was heavily criticised at the weekend for describing the threat of mass sex attacks - such as occurred in Cologne at New Year - as the 'nuclear bomb' of the EU referendum campaign.
- Jaguar sneaks up on keeper before giving him a big kiss
- Rangers rescue baby elephant and rejoin it with its family
- Cop drops handcuffed teen on his face after tasering him
- Shocking video shows man punching girlfriend to the floor
- Dog really loves being kissed by his owner
- Orca whale behaves strangely and lies motionless out of...
- CCTV shows US police officer fatally shooting knife-wielding...
- Florida man arrested in kidnapping attempt of teen girl
- Impressive moment eco-friendly laser restores rusty...
- ISIS blows up ancient temple and vows to destroy Egypt's...
- Flightradar24 shows just how many planes cross the Atlantic
- Paul Ryan calls Trump's comments on Hispanic judge 'racist'
- Trump says Mexican judge comments were 'misconstrued' after...
- 'She was unconscious the entire time': Hero tells how he...
- Paul Ryan calls Trump's attack on Mexican-American judge a...
- Prince Harry 'is secretly courting Ellie Goulding' as pair...
- Two-year-old girl ‘was left with horrific cuts and a...
- 'Do you remember me?': Incredible moment a chimp smiles and...
- Yoga expert who 'intentionally' drove off a 200ft cliff and...
- MMA legend Kimbo Slice dies aged 42: Street fighter turned...
- How the Shawshank prisoners seduced 'flirtatious' married...
- 'This woman has perhaps superseded the work of every...
- Father of Stanford swimmer - whose six month sentence for...
- They're with her! Hillary Clinton's celebrity supporters...