Omanghana
The UK High Court has ruled that the Home Office acted unlawfully by denying certain asylum seekers the opportunity to challenge rejected human trafficking and modern slavery claims before being removed to France.
The decision, delivered by Mr Justice Clive Sheldon, represents a significant legal setback for the government’s implementation of its “one in, one out” migrant returns agreement with France.
The bilateral arrangement allows the UK to return migrants who arrive through irregular English Channel crossings while accepting an equal number of vetted asylum seekers from France through legal routes.
Five Asylum Seekers Brought the Legal Challenge
The case was brought by five asylum seekers—four from Eritrea and one from Sudan—who either faced removal to France or had already been deported under the policy.
The challenge focused on Home Office guidance introduced in September 2025, which prevented migrants arriving via the English Channel from requesting a formal reconsideration if their initial claims of being victims of modern slavery or human trafficking were rejected.
The policy was introduced during the tenure of Home Secretary Shabana Mahmood.
Court Finds Policy Unlawful
In his judgment, Mr Justice Sheldon concluded that the policy breached legal protections designed to safeguard potential victims of trafficking.
The judge highlighted several concerns with the Home Office’s approach, including the short timeframe in which initial trafficking decisions were made.
According to the court, many claims were assessed within approximately five days of a migrant’s arrival, leaving little opportunity for vulnerable individuals to gather evidence or receive legal assistance.
Vulnerable Migrants Faced Significant Challenges
The judgment noted that many newly arrived asylum seekers were in particularly vulnerable conditions after crossing the English Channel.
The court observed that some individuals were suffering from exhaustion, poor health, trauma, and language barriers, making it difficult for them to immediately present detailed evidence in support of trafficking claims.
Mr Justice Sheldon also found that important evidence—such as medical assessments, psychological evaluations, and legal documentation—often becomes available only after the initial decision has been made.
By preventing applicants from seeking a formal review, the policy risked excluding evidence that could significantly affect the outcome of their cases.
Appeal Process Proven Important
The judgment also referenced Home Office statistics showing that a substantial number of initial trafficking decisions were later overturned through the reconsideration process.
According to the court, 79 percent of negative trafficking decisions reviewed in 2025 were subsequently reversed, underscoring the importance of allowing applicants to challenge initial refusals.
Home Office to Appeal
The Home Office defended the policy, arguing that late-stage modern slavery claims should not be used to delay the removal of migrants with no legal right to remain in the UK.
Government officials maintained that the court’s ruling does not undermine the wider UK-France migration agreement and confirmed that they intend to appeal the decision.
Human Rights Groups Welcome Judgment
Human rights lawyers welcomed the ruling, describing it as an important safeguard for vulnerable asylum seekers.
They argued that the judgment reinforces the need for fair procedures when assessing claims involving modern slavery and human trafficking.
Some legal representatives also expressed concern that individuals may already have been removed to France under guidance now deemed unlawful.
One claimant reportedly described feeling a profound sense of hopelessness after being returned before having the opportunity to fully present evidence supporting his trafficking claim.
Wider Political Implications
The ruling comes as the UK government continues to face pressure to reduce irregular crossings of the English Channel while ensuring compliance with domestic and international legal obligations.
Immigration remains a politically sensitive issue, with ministers balancing border security objectives against legal protections for asylum seekers and victims of human trafficking.
The High Court’s decision is expected to influence future implementation of the UK-France returns arrangement as the government’s appeal proceeds through the courts.
Source: Omanghana
