UK defies high court ruling on trafficking checks before asylum removals to France
Court ruled last week against policy to reduce protections for asylum seekers facing removal under one in, one out scheme The Home Office is set to ignore a high court ruling and continue sending asylum seekers to France without looking into claims they have been trafficked, which last week was found to be unlawful. On Friday Mr Justice Sheldon ruled against the home secretary’s policy to reduce protections for trafficking victims earmarked for forced removal to France. Home Office sources told the Guardian that operational activity could continue despite the ruling. Home Office removed certai
The UK Home Office intends to continue forcibly removing asylum seekers to France without reviewing their trafficking claims, directly defying a recent high court ruling. Mr Justice Sheldon declared the policy unlawful last Friday, yet government sources indicate that operational removals will proceed as scheduled.
The government currently charters at least one private flight weekly to deport dozens of individuals who arrived in the UK on small boats. The next scheduled departure is set for Thursday, despite the ongoing legal challenge.
Detainees slated for removal argue their warnings are routinely ignored. Some have stated that officials "just send us to France whatever we tell them" regarding their trafficking claims.
The judgment affects several hundred people currently held in immigration detention centres or already returned to French soil. The court found it unlawful to deny reconsideration of initial negative trafficking decisions under the framework updated last September.
Case data reveals a high rate of overturned decisions when proper reviews occur. In 2025, nearly 80 per cent of initial negative trafficking rulings were reversed upon reconsideration, affecting 1,525 individuals.
This stance threatens to strain Anglo-French relations and highlights systemic flaws in the bilateral migration agreement struck last July. Internal officials had previously warned that deported individuals would likely be classified merely as unofficial trafficking victims in France, given their non-French nationality and the cross-border nature of their exploitation.
Emma Ginn, director of Medical Justice, noted that many clients are potential survivors. She urged the government to ensure negative decisions can be reconsidered and that "independent medical evidence we provide to our clients is properly considered."
A Home Office spokesperson countered that "last-minute modern slavery claims must not be used to frustrate the removal of illegal migrants." The government plans to appeal the judgment while reforming laws to stop what it calls dubious claims.
