The Home Secretary's decision to reduce safeguards for potential trafficking victims under the 'one in, one out' asylum deal has been ruled unlawful by the High Court. Mr Justice Sheldon found that the amended guidance, which removed the right to reconsideration for those denied trafficking protections, was not robust or effective.
The legal challenge was brought by five small-boat asylum seekers selected for return to France: four Eritreans and one Sudanese. The judge ruled that the policy change made a 'real difference' in two cases but not in two others. All five were granted permission to proceed with their claims.
The Home Office said it would appeal the ruling. The judgment could affect many asylum seekers who may be trafficking victims, especially those passing through Libya. Under the scheme, which began last August, over 1,000 people have been removed to France, with many subsequently disappearing.
The court heard that while France is a signatory to trafficking treaties, victims who are not French or not trafficked in France do not receive the same protections as in the UK. Lawyers for the claimants called on the Home Secretary to bring back those unlawfully removed.
