A High Court judge has declared that the UK government’s decision to restrict the legal rights of migrants facing removal to France was unlawful. Judge Clive Sheldon ruled that the government acted improperly in September when it modified its modern slavery guidance to prevent those slated for removal to France and certain other European nations from requesting a reconsideration of negative trafficking claim decisions.
The judge emphasized that removing the right to request such a reconsideration was unlawful. He noted that initial trafficking assessments for individuals arriving via small boats are typically conducted at a rapid pace, often within five days. By imposing this policy, the government risked disregarding potentially decisive evidence that might emerge after that strict cut-off point. The Guardian reported that the ruling carries significant implications, as a substantial number of those crossing the Channel in small boats are potential victims of human trafficking.
Under a treaty that took effect in August of last year, the UK is permitted to forcibly return irregular migrants who cross the Channel if they are deemed ineligible for asylum. In a reciprocal arrangement, London agrees to accept an equal number of migrants from France who have not utilized the small boat route. According to Home Office data from early March, 377 individuals had been returned to France, while 380 had arrived in the UK under this “one in, one out” agreement.
The Home Office has vowed to appeal the judgment, maintaining that the removal of migrants should proceed. Officials stated that “last-minute modern slavery claims must not be used to frustrate the removal of illegal migrants.” This legal tension occurs against a backdrop of high migration, with more than 41,000 migrants landing on the southern coast of England last year, marking the second-highest annual total since record-keeping began in 2018.
