COURT BLOW High Court rules against Government’s one-in, one-out migrant returns policy in major setback

The Government’s flagship one-in, one-out migrant returns agreement with France has suffered a significant legal setback after the High Court ruled that key parts of the deportation process were unlawful. In a judgment handed down on Friday, the High Court found in favour of five Channel migrants who challenged decisions affecting their removal from the UK. The claimants – four Eritrean nationals and one Sudanese national – argued the Home Office had acted unlawfully by removing an important right to challenge negative decisions relating to whether they were victims of modern slavery or human trafficking. Three of the five migrants had already been removed to France before the case was heard. Mr Justice Sheldon ruled that the Home Secretary had acted unlawfully by preventing asylum seekers from seeking reconsideration of initial negative trafficking decisions. In his judgment, he said: “In my judgment such a decision-making process cannot be regarded as robust and effective.” The judge also accepted submissions that fundamental legal rights could not be removed simply to speed up deportations. All five claimants were granted permission to proceed with their legal challenges.

Potential impact on migrant returns

The ruling could have wider implications for the Government’s returns agreement with France, which allows some migrants arriving in small boats to be returned to France in exchange for an equivalent number of people entering the UK through approved legal routes. Lawyers representing the migrants are now expected to seek the return to Britain of the three individuals already removed to France. The Home Office has confirmed it intends to challenge the ruling. A spokesperson said: “Last-minute modern slavery claims must not be used to frustrate the removal of illegal migrants. “We are reforming our laws to stop dubious last-minute claims, while strengthening protections for those who need them. “The Home Secretary will fight this in the courts and appeal this judgment.”

Political reaction

The judgment prompted immediate political reaction. Shadow Home Secretary Chris Philp described the policy as a “total failure”, saying Labour had “no plan” to tackle illegal migration. Meanwhile, Reform UK’s home affairs spokesperson Zia Yusuf argued that changes to the UK’s human rights framework would be needed to prevent legal challenges to deportations.

One-in, one-out agreement

Under the agreement between the UK and France, migrants who arrive in Britain by crossing the English Channel in small boats can be detained and returned to France, with Britain accepting an equivalent number of people through legal migration routes. According to Government figures, 921 migrants have so far been returned to France under the scheme, while 896 people have been accepted into the UK through legal pathways. The Government’s appeal means the legal battle over the policy is expected to continue, with the outcome likely to shape the future operation of the UK-France returns agreement.