Judge orders return of alleged victim of trafficking sent to France under ‘one in one out’ scheme

Summary

Ruling quashes Home Office policy to refuse asylum seekers’ right to have trafficking claims reconsidered after initial rejection A high court judge has ordered the Home Office to bring an alleged victim of trafficking forcibly removed to France under the “one in one out” scheme back to the UK. It is the first ruling of its kind and could lead to more people affected by the “one in one out” policy being brought back to the UK. The judge, Mr Justice Sheldon, has quashed a Home Office policy change to refuse asylum seekers the right to have their trafficking claims reconsidered after an initial rejection. “I have quashed it so that it is as if it never happened,” he said. The “one in one out” policy forcibly removes some people who cross the Channel in small boats in exchange for bringing a similar number from northern France legally to the UK. Asylum seekers returned to France now have a right to have trafficking cases that were initially rejected reconsidered. Others have fled France after being threatened with removal to their home country or to another EU country where they were previously fingerprinted on their journey seeking asylum. He is an asylum seeker from Sudan, a survivor of torture, and one of five people who challenged the home secretary’s policy change. A second asylum seeker sent to France by the Home Office, who was also involved in the legal challenge, will have his trafficking case reconsidered in France, and depending on the outcome he too may be brought back to the UK. The high court has granted the Home Office and the asylum seekers permission to appeal on various points in the judgment. We are delighted that the court has rightly recognised that his removal to France was unlawful and that he must therefore be brought back to the UK. “This is a highly significant decision; for our client, for other victims of trafficking who may have been unlawfully removed to France and for ensuring that the rule of law is upheld.” Elizabeth Cole, a solicitor at Duncan Lewis, also welcomed the decision.