QUESTIONS have been raised over whether the Home Office will have any legal authority to return migrants to countries like France after December 31.
The UK Government is currently negotiating with European countries on a new returns agreement.
But the Home Affairs Committee heard on Thursday that if no new deal is reached then the situation will default to international law.
Chairwoman Yvette Cooper pressed for answers on what this will mean for the Home Office's vow to remove migrants from the UK.
The Labour MP said: "I am simply asking if, at the conclusion of the negotiations, there is no new arrangement with the EU as a whole, and if you haven't yet got any new bilateral arrangements in place, will there be any legal basis for returning people who arrive in small boats or through other routes who you assess have applied for asylum or have travelled through other countries first?"
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Tyson Hepple, director-general, immigration enforcement, replied that he would have to get back to her.
Cooper continued: "Under existing international law and the default position, will you have any legal ability to return people to other European countries, yes or no?"
Hepple replied: "I don't know. I will have to let you know."
Cooper said she was "really surprised" that Hepple did not know what the situation would be, given his position.
"There's only a few months to go," she added.
She pressed Hepple on what happens to migrants who arrive in the UK after passing through non-EU countries: "What currently, if you have somebody who arrives here who has been in another country, not an EU country, previously, and then comes here, do you have any arrangements for returning people to those safe countries?"
Hepple said: "I'm aware that we have done that.
"I am not aware that we have returned people to other third countries to have their asylum claims heard."
Cooper said: "So that sounds like there isn't any international law provision (which) would allow you to do that."
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