The High Court has dealt a significant blow to the Home Secretary's "one in, one out" scheme with France, ruling that its policy on removing asylum seekers deemed potential trafficking victims is unlawful. Despite this setback, the Home Office appears poised to defy the court's decision and continue sending individuals, including those claiming to be victims of human trafficking, to France. This development has sparked widespread concern among advocates for immigration detainees and raises questions about the government's commitment to upholding the rights of vulnerable individuals.
The policy in question, which was introduced through updated guidance last September, removes the right for asylum seekers facing removal to France to have an initial negative trafficking decision reconsidered. This process has been a cornerstone of the UK's framework for identifying trafficking victims since 2013, with almost 80% of such decisions being reversed after reconsideration in 2025. However, Home Office sources indicate that operational activity, including weekly chartered flights to France, will continue unabated.
The High Court case has highlighted concerns about the fate of several hundred asylum seekers currently detained for upcoming flights, who claim their trafficking claims are not being properly addressed by the Home Office. The judgment explicitly states that it is unlawful not to reconsider any initial negative trafficking decisions among this group, but the government seems intent on pressing ahead with removals. The next flight to France is reportedly scheduled for Thursday.
While a Home Office spokesperson claimed that "last-minute modern slavery claims" are being used to frustrate removals, critics argue that this policy could have far-reaching and devastating consequences for genuine trafficking victims. Emma Ginn, director of Medical Justice, an organisation working with immigration detainees, expressed hope that the Home Office would now ensure that trafficking cases with initial negative decisions are given the right to reconsideration in line with the court's findings.