UK migrant removals rights curb unlawful, court rules

A High Court judge ruled Friday that the UK government acted unlawfully when it restricted legal options for migrants facing removal to France who claim to be victims of human trafficking.

The ruling was a victory for five asylum seekers and other people returned to France under the UK-France one-in one-out deal, who challenged the interior ministry.

Judge Clive Sheldon said the government made an unlawful change in September to modern slavery guidance. The change meant migrants facing removal to France and some other European countries could not request reconsideration of a negative decision on a trafficking claim.

The Home Office said it would appeal. It said the case was not a systemic challenge to the deal with France and that operational activity could continue.

Under the treaty, which came into force in August last year, the UK can forcibly return irregular migrants who crossed the Channel if they are deemed ineligible for asylum. In return, London accepts an equal number of migrants from France who have not taken the small boat route.

The judge said initial decisions on trafficking claims by small-boat arrivals are usually made within five days. He warned that potentially decisive evidence could be disregarded if it arrived after that cut-off point.

The Guardian reported that the ruling was likely to have significant implications because many people arriving in small boats could be potential trafficking victims. The Home Office said 377 people had been returned to France and 380 had arrived in the UK under the scheme as of early March.