Home Secretary Shabana Mahmood has pledged to reform modern slavery laws after the Court of Appeal rejected her bid to appeal against a ruling that blocked the removal of an Eritrean asylum seeker to France. The case concerns Labour's 'one in, one out' scheme, under which the UK can send back migrants who cross the Channel illegally in exchange for accepting an equal number of asylum seekers from France.
The Eritrean man, who arrived in the UK by small boat on 12 August, was due to be deported on an Air France flight last week. However, High Court Judge Justice Sheldon granted a temporary block, giving the man 14 days to gather further evidence in support of his trafficking claim. The Home Office sought permission to appeal, but three Court of Appeal judges—Lord Justice Arnold, Lord Justice Lewis, and Lady Justice Elisabeth Laing—unanimously rejected the application.
Lord Justice Arnold stated that the High Court judge 'made no error of law or principle' and that none of the four grounds of appeal were 'sufficiently arguable to have a realistic prospect of success.' The ruling does not jeopardise the overall 'one in, one out' scheme, but it deals a significant blow to Mahmood's efforts to expedite removals.
Mahmood responded by announcing immediate policy changes, effective 17 September, and commissioning wider reforms to prevent what she described as 'last minute attempts to frustrate a removal.' She said: 'I will fight to end vexatious, last minute challenges. I will robustly defend the British public’s priorities in any court. And I will do whatever it takes to secure our borders.'
Government lawyers had argued that removing the Eritrean man was imperative to deter dangerous Channel crossings and break the business model of people-smuggling gangs. Kate Grange KC, representing the Home Secretary, warned that 'winter is coming' and that journeys would become more hazardous. However, the judges rejected these arguments, noting that the man could pursue his trafficking claim in France.
So far, only three people have been removed to France under the new deal, while the first arrivals from France, expected on Saturday, have been delayed.
