UK court rules part of France migrant deal unlawful
A UK court has struck down a government policy that blocked trafficking victims from appealing removals to France, casting doubt on the legality of the bilateral returns agreement.
A High Court judge ruled on Friday that the UK government unlawfully restricted the legal rights of migrants facing removal to France under the two countries' "one in, one out" agreement. The decision marked a victory for a group of five asylum seekers and other individuals returned to France who challenged Britain's interior ministry.
Judge Clive Sheldon found that a September change to UK modern slavery guidance was illegal because it prevented people from asking for a reconsideration of negative trafficking decisions. He noted that initial trafficking claims for small boat arrivals are processed "at considerable pace," typically within five days. This tight deadline meant that potentially decisive evidence could be disregarded simply because it arrived after the cut-off point, the judge warned.
A fragile bilateral mechanism
The treaty between London and Paris took effect last August. It allows Britain to forcibly return irregular Channel crossers who are deemed ineligible for asylum. In exchange, the UK is required to accept an equivalent number of migrants from France who did not use the small boat route. This quid pro quo was designed to disrupt the business model of people smugglers operating on the northern French coast.
Since its implementation, the scheme has processed a relatively small fraction of overall crossings. As of early March, 377 people had been returned to France, while 380 people had arrived in the UK under the agreement, according to the Home Office. This pales in comparison to the more than 41,000 migrants who landed on England's southern coast last year, the second-highest annual number since records began in 2018.
For European partners, the ruling underscores the complex legal constraints surrounding fast-track bilateral migration pacts. Removing the right to request a reconsideration of trafficking claims created a legal vulnerability for the entire returns process. The Guardian daily reported the ruling "was likely to have significant implications" because a large proportion of the individuals arriving on small boats are potentially victims of human trafficking.
The UK interior ministry moved quickly to minimise the impact of the ruling, vowing to appeal the judgement. The Home Office insisted the decision was "not a systemic challenge" to the deal with France and that "operational activity can continue." Furthermore, the ministry argued that "last-minute modern slavery claims must not be used to frustrate the removal of illegal migrants."
