In the UK, the government's decision last year to restrict the rights of certain migrants who are due to be sent back to France under the so-called "one-in, one-out" deal between the two nations has been ruled "unlawful." Under the policy, people who were earmarked to be sent back to France and whose claims to be victims of human trafficking had been rejected were unable to appeal that decision before being removed. Britain's Home Office, however, has announced that it would appeal the High Court decision.
High Court Judge Clive Sheldon announced that a change introduced by the government last September was "unlawful". The guidance prevented people who were due to be sent back to France under the "one-in, one-out" deal between the two countries from challenging a decision that they were not victims of human trafficking before being removed.
In the London court, Sheldon stressed that it was important to revert the practice, noting that nearly 80 percent of people who had initially been ruled not to be a victim of trafficking later had the decision overturned upon reconsideration.
In its decision, the court found unlawful the government's decision to remove the right of people facing removal to France to request reconsideration of a negative decision on a trafficking claim and found it to be contrary to the UK's guidance on fighting modern-day slavery and human trafficking.
However, the Home Office has already announced that it would fight the ruling in court, and that the removal of migrants to France under the scheme would continue for the time being.
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Feeling of despair
A group of five asylum seekers had brought a legal challenge against the Home Office last year. Their legal representatives welcomed the ruling, but said it came too late in many instances, since many people had already been removed to France unlawfully.
One of the five claimants told Reuters in a written statement that the treatment they had experienced had left them with "a feeling of hopelessness."
The person, who was granted anonymity by the court, which is routine in asylum cases, said they had been returned to France, without being afforded the chance to have their case heard properly.
"When a lot of individuals enter the United Kingdom to seek refuge, and have experienced a lot of difficult situations, being further mistreated is simply heart-breaking," they said in their statement.
"The overwhelming sentiment is that they do not treat people equally," they stressed. "Some people they place in hotels, some they return to France, like me."
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Government to appeal ruling
The Home Office has responded to the High Court judgement by saying that migrants were using trafficking claims as a loophole to buy time for their case.
"Last-minute modern slavery claims must not be used to frustrate the removal of illegal migrants," a statement read.
The Home Office added that trafficking claims submitted by people upon arrival were being seriously considered — but not those submitted at a later stage and under the threat of removal.
The Guardian newspaper meanwhile reported that the ruling could have "significant implications" going forward, as a high number of migrants arriving in the UK on small boats could potentially be victims of trafficking.
The ruling is seen as a setback in the government's fight against irregular migration; the issue of small boat arrivals has become a key political issue across the British political spectrum, resulting in repeated protests and tension across communities.
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'One-in one-out' scheme showing only slow success
Under the "one-in, one-out" agreement between Britain and France, British authorities are allowed to return certain migrants who crossed the English Channel using irregular means back to France, as long as they are deemed to be ineligible for asylum.
For every migrant sent back to France under the scheme, Britain will in turn have to accept one migrant from France, who has never attempted to cross the Channel on a small boat and who has a strong case for receiving protection in the UK.
The plan is designed to discourage people from paying large amounts to people smugglers who bring them to the UK on small boats from the French coast.
As of March 2026, 377 people have been sent back to France under the scheme, while 380 people have arrived in Britain, according to Home Office numbers.
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with AFP, Reuters