Small boat migrants who lodge human rights claims in Britain will evade being returned to France under a massive loophole in Labour’s new deal.

They will be ruled out of new deportation measures if legal claims are outstanding or if they claim to be under 18, it emerged.

Shadow home secretary Chris Philp said the human rights loophole would be ‘ruthlessly exploited’ by lawyers.

A new treaty with President Emmanuel Macron’s government, published today, also disclosed the British taxpayer will foot the bill for both sides of the deal, which will see migrants who came here illegally across the Channel exchanged ‘one for one’ with others still in France.

Migrants in France will be flown to Britain by the Home Office and handed a visa to live here for up to three months after successfully applying, while their final application is considered.