A High Court judge ruled on Friday that Home Secretary Shabana Mahmood's decision to cut protections for potential victims of trafficking under the UK-France asylum deal was unlawful. This ruling emerged from a legal challenge brought by five small-boat asylum seekers, including four from Eritrea and one from Sudan, who faced removal to France.
Legal Challenge Against Asylum Policy
The legal challenge centered on a change in guidance regarding the one in, one out asylum scheme, which allowed those denied trafficking protections to no longer request reconsideration. Mr. Justice Sheldon found that this decision significantly impacted the cases of two asylum seekers, although it did not affect the other three.
In his ruling, Justice Sheldon stated that the process implemented by Mahmood was not “robust and effective.” Lawyers representing the asylum seekers have called for their clients to be returned to the UK following this judgment.
Implications for Trafficking Victims
The ruling is expected to have major implications for many asylum seekers arriving in the UK, particularly those who may be victims of trafficking after passing through Libya. The one in, one out scheme mandates that one person arriving by small boat from France is sent back in exchange for another asylum seeker in France who has not crossed the Channel.
Since the scheme's inception in August, it is estimated that over 1,000 individuals have been removed to France, with many subsequently going missing. Hundreds more remain detained in UK centers awaiting forced removal.
Home Office's Response and Future Actions
The Home Office has announced plans to appeal the ruling. A spokesperson emphasized that last-minute modern slavery claims should not delay the removal of illegal migrants, stating, “We are reforming our laws to stop dubious last-minute claims while strengthening protections for those who need them.”
Legal representatives, including Elizabeth Cole, a solicitor at Duncan Lewis, welcomed the court's decision, highlighting that it underscores the need for the Home Office to adhere to both treaty obligations and domestic laws. Cole stated, “Large numbers of vulnerable people have been unlawfully removed to France as a result.”
The asylum seekers involved described harrowing experiences, including being held in underground detention facilities in Libya and suffering severe mistreatment. Their testimonies highlight the urgent need for adequate protections for trafficking victims.
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