Labour’s “one in, one out” migration deal with France has been hit by a major setback after five migrants won a High Court challenge over their planned removals. The court heard claims that their deportations would be unlawful because they were victims of trafficking.
The agreement allows people who arrive in the UK by small boat to be detained and sent back to France in exchange for an equal number of people who apply through legal routes. But the migrants’ lawyers argued that their rights could not be “sacrificed for the sake of expediency” and faster removals.
A judge found that the government’s approach, after changes introduced by Home Secretary Shabana Mahmood, had a negative impact on some claimants and was unlawful in those cases. He said the fast-track process risked missing genuine trafficking victims because many arrivals were malnourished, sleep-deprived, and unable to present evidence properly.
The judgment noted that crucial medical examinations and legal reports can take weeks to emerge, while trafficking decisions are often made within five working days. That, the court said, makes the system less robust and increases the chance that valid claims will be overlooked.
The ruling is a fresh embarrassment for Labour’s efforts to tighten asylum policy and accelerate removals across the Channel. Under the UK’s trafficking rules, a “reasonable grounds” finding blocks removal for at least 30 days, giving claimants time to build their case.
