Illegal Boat Migrant Explains Why He Believes He Should Not Be Deported from the UK, and His Reason Surprised Many

Labour’s “one in, one out” migrant agreement with France has suffered a significant setback after five migrants won a legal challenge in the High Court. The ruling is expected to raise fresh questions about how the Government is applying the policy and whether changes made to speed up deportations were lawful.

The five migrants argued that their planned removals from the UK were unlawful because they are victims of human trafficking. They claimed they should have been given greater protection under the law before any decision was made to return them to France.

The High Court agreed with key parts of their case. During the hearing, their lawyer argued that the Government could not ignore or reduce people’s fundamental rights simply to make decisions more quickly or to increase the number of deportations. The court accepted that the policy change had unfairly limited important legal protections for potential trafficking victims.

Home Secretary Shabana Mahmood had changed the guidance so that migrants who were initially told they were not victims of trafficking could no longer ask for that decision to be reconsidered. The change was designed to remove legal barriers that could delay deportations, making it easier for people to be returned under the UK-France agreement.

The “one in, one out” deal allows migrants who arrive in Britain by crossing the English Channel in small boats to be returned to France. In return, the UK agrees to accept the same number of people who apply through approved legal and controlled routes, with both countries exchanging equal numbers of migrants.

Since the agreement began, 921 people who arrived in the UK by small boat have been returned to France under the scheme. That represents around 3.5% of all small boat arrivals during the same period. Meanwhile, the UK has accepted 896 migrants from France through the legal route set out in the agreement.

The High Court’s decision is likely to put further pressure on the Government’s efforts to speed up removals, as ministers now face questions over whether the changes to trafficking guidance were compatible with the law and whether further legal challenges could follow.