Rishi Sunak's suggestion that more small-boat migrants could be returned to Vietnam has suffered a major blow as government lawyers described the country as 'unsafe' for deportations.
The Prime Minister wants to counter a spike in Vietnamese arrivals by agreeing a returns deal similar to one which led to a dramatic fall in Albanian migrants.
But Home Office lawyers have now told ministers that Vietnam 'does not meet the criteria of a safe state'.
Legal advisers warned that the Communist country's government puts some individuals at 'real risk' of persecution.
They said the ruling regime does not tolerate public disapproval of their human rights practices and that any open criticism of the state is likely to lead to adverse scrutiny. Anti-government protesters, some religious groups, human rights activists and journalists would be particularly at risk, the officials advised.
Rishi Sunak's suggestion that more small-boat migrants could be returned to Vietnam has suffered a major blow as government lawyers described the country as 'unsafe' for deportations
The Prime Minister wants to counter a spike in Vietnamese arrivals by agreeing a returns deal similar to one which led to a dramatic fall in Albanian migrants (pictured: Vietnamese migrants in Dunkirk, France)
The Government's deal with Tirana at the end of 2022 made it easier to return Albanians who arrived here via small boats (pictured: Mr Sunak with Albanian Prime Minister Edi Rama in March 2023)
As a result, the Home Office will not be able to treat Vietnamese asylum applications as 'inadmissible' under new laws passed last year by placing the country on its so-called 'safe list'.
Some 1,266 Vietnamese migrants arrived between January 1 and April 21, making up one in five of all small-boat crossings – up from 125 in the same period last year. Addressing the surge in crossings so far this year, Mr Sunak told Sky News at the weekend: 'Almost the entirety of that increase comes from one country – Vietnam. Last year we dealt with the problem that was illegal migrants from Albania –we returned thousands and saw the numbers drop. That shows you that deterrence works. We will be able to do that with Vietnamese as well.'
The Government's deal with Tirana at the end of 2022 made it easier to return Albanians who arrived here via small boats. In 2022, 12,600 made the journey. Last year, there were less than 1,000 and so far this year there have been just 20.
Existing arrangements with Vietnam meant there were just eight enforced returns to the country from April to June last year, Home Office data shows.
A spokesman for the Government said: 'Vietnam is safe for voluntary and enforced returns and we already have a strong returns agreement in place dating back to 2004. Earlier this month, both countries signed a joint statement with clear next steps in order to stop dangerous and illegal small-boat crossings.'
