UK High Court Rules Government Change to Modern Slavery Guidance Unlawful but Removals to France Can Continue

A High Court judge ruled on Friday that the UK government took an unlawful decision restricting the legal rights of migrants facing removal to France under the one-in, one-out deal, Euronews reported. The ruling was a victory for a group of five asylum seekers and other people returned to France under the deal who brought the legal challenge against Britain's interior ministry.

Judge Clive Sheldon found that a September change to modern slavery guidance was unlawful because it removed the right to request reconsideration of a negative trafficking decision.

The UK interior ministry vowed to appeal the judgement while insisting the removal of migrants could continue. It stated that last-minute modern slavery claims must not be used to frustrate the removal of illegal migrants and described the ruling as not a systemic challenge to the deal. The UK-France treaty came into force in August last year.

Under the treaty the UK can forcibly return irregular migrants who crossed the Channel if they are deemed ineligible for asylum, and London accepts an equal number of migrants from France who have not taken the small boat route. Initial decisions on trafficking claims made by those arriving in small boats are taken at considerable pace, usually within five days, the judge noted.

The government's decision meant potentially decisive evidence could be disregarded because it arrived after this cut-off point.

As of early March, 377 people had been returned to France and 380 people had arrived in the UK under the one-in, one-out scheme, according to the Home Office. More than 41,000 migrants landed on England's southern coast last year, the second-highest annual number since records began in 2018.