Home Office to Appeal High Court Ruling on Asylum Trafficking Claims

The UK Home Office has confirmed it intends to appeal a High Court ruling that declared its policy of denying reconsideration of trafficking claims unlawful, while simultaneously proceeding with the forced removal of asylum seekers to France. Despite the judgment delivered by Mr Justice Sheldon last week, the government maintains that operational activity under the 'one in, one out' scheme will continue, including the chartering of private flights for deportations.

The court found that the Home Office acted unlawfully when it issued a change in guidance last September, which removed the right to reconsider initial negative decisions regarding trafficking claims for individuals earmarked for removal. The ruling noted that failing to provide this reconsideration breached legal standards, particularly given that nearly 80% of such decisions were reversed upon review in 2025, affecting 1,525 people.

Home Office sources indicated to the Guardian that the removal of certain protections was driven by concerns that the reconsideration process could delay removals to France by at least 30 days. The department has stated that last-minute modern slavery claims must not be used to frustrate the removal of illegal migrants, with a spokesperson affirming that the home secretary will fight the judgment in the courts.

Operational activity is set to resume shortly, with the next private flight scheduled to depart on Thursday. The Home Office has chartered at least one private flight per week to forcibly remove dozens of asylum seekers who have arrived in the UK on small boats. Detainees have reported to the Guardian that their claims of being trafficking victims are disregarded, with the department proceeding with removals regardless of their testimony.

The ruling raises significant questions regarding the status of several hundred people currently in immigration detention centres or already forcibly returned to France. It emerged during the case that the UK government was aware of potential issues regarding how trafficking cases would be treated in France before agreeing to the 'one in, one out' deal in July 2024. Home Office officials noted that many asylum seekers would likely receive the status of “unofficial” victims of trafficking in France, as they were not French and many were not trafficked within the country.

Emma Ginn, director of Medical Justice, highlighted that many clients are potential survivors of trafficking and urged the Home Office to ensure reconsideration rights are upheld in line with the judgment. She emphasised the need for independent medical evidence to be properly considered, stating that the department must allow those given an initial negative decision the right to request a review.

The 'one in, one out' scheme has been part of the UK framework for identifying trafficking victims since 2013. The High Court’s decision specifically addressed the September 2024 guidance change, which had sought to streamline the process by removing the reconsideration step. The government’s intention to appeal suggests a continued focus on expediting removals, despite judicial findings that the previous approach was legally insufficient.