The Home Office is set to ignore a High Court ruling and continue sending asylum seekers to France without properly considering their trafficking claims. Last Friday, Mr Justice Sheldon ruled against the Home Secretary's policy to reduce protections for trafficking victims facing removal under the 'one in, one out' scheme. However, Home Office sources told the Guardian that operational activity could proceed despite the judgment.
Weekly Flights to France Continue
The Home Office charters at least one private flight per week to forcibly remove dozens of asylum seekers who arrived in the UK on small boats. The next flight to France is scheduled for Thursday. Some asylum seekers detained for this or future flights told the Guardian: 'The Home Office doesn’t listen to us when we try to tell them we are victims of trafficking. They just send us to France whatever we tell them.'
Court Ruling and Unlawful Policy
The High Court found that the Home Office acted unlawfully by changing guidance last September on the 'one in, one out' scheme, which denied reconsideration of negative trafficking decisions. This guidance has been part of the UK’s framework for identifying trafficking victims since 2013. According to data from the court case, almost 80% of trafficking victims who received initial negative decisions in 2025 had those decisions reversed after reconsideration – affecting 1,525 people.
Government Awareness of Problems
It emerged in the High Court case that the UK government was aware of potential issues with sending asylum seekers to France regarding their trafficking cases before agreeing to the 'one in, one out' deal in July. Home Office officials noted that these individuals would likely receive 'unofficial' victim status because they were not French and many were not trafficked inside France.
Impact on Detained and Returned Asylum Seekers
Friday’s ruling raised questions about the treatment of asylum seekers held in immigration detention centres and those already forcibly returned to France. There are estimated to be several hundred people in both groups. According to the judgment, it is unlawful not to reconsider any initial negative trafficking decisions among this group. But the Home Office has indicated it will proceed with removals of potential trafficking victims.
Reactions from Advocates and Home Office
Emma Ginn, director of Medical Justice, which works with immigration detainees, said: 'Many of our one in, one out clients are potential survivors of trafficking. We hope that following the High Court ruling the Home Office will ensure that trafficking cases given an initial negative decision will be given the right to request that decision be reconsidered, in line with the findings of the judgment, and that the independent medical evidence we provide to our clients is properly considered.'
A Home Office spokesperson responded: 'Last-minute modern slavery claims must not be used to frustrate the removal of illegal migrants. We are reforming our laws to stop dubious last-minute claims, while strengthening protections for those who need them. The home secretary will fight this in the courts and appeal this judgment.'
