The UK government's flagship 'one-in, one-out' migrant agreement with France is facing a serious legal challenge in the High Court, which could undermine Home Secretary Shabana Mahmood's ability to deport individuals under the scheme.
Challenge to Deportations
Six migrants, who claim to be victims of human trafficking, are contesting the lawfulness of some deportations conducted under the policy. At least three individuals have already been removed from the UK as part of the agreement. The legal action focuses on guidance issued by Mahmood in September, which removed the possibility for migrants to have rejected trafficking claims reviewed before deportation.
Legal Arguments
The claimants argue that blocking appeals related to modern slavery is unlawful and breaches human rights obligations, including those under the European Convention on Human Rights and the European Convention on Action Against Trafficking in Human Beings. They contend that the policy denies vulnerable individuals due process and protection guaranteed by international law.
Potential Impact
If the High Court rules in favour of the migrants, it could significantly restrict the Home Secretary's authority to deport individuals under the UK-France migrant deal. The outcome may force the government to revise its approach, potentially affecting the broader strategy for managing cross-border migration. The case is being closely watched by legal experts and human rights organisations, who see it as a critical test of the balance between immigration control and human rights protections.
