UK government’s flagship “one in, one out” asylum returns deal with France has faced scrutiny after legal challenges halted scheduled removals, prompting renewed debate around the use of last-minute trafficking and modern slavery claims.
Home Secretary Shabana Mahmood said she would not allow the system to be “abused” by individuals lodging claims on the eve of removal, branding such applications “vexatious and intolerable”. Her remarks follow the High Court’s intervention this week, which blocked the deportation of a young Eritrean man to France on the grounds that he may have been a victim of trafficking.
Legal Challenge Halts First Removal Flight
The case, heard on Tuesday, centred on a 25-year-old who told the court he had been trafficked from Ethiopia through Libya before reaching the UK via Italy and France. Mr Justice Sheldon granted an injunction, allowing additional time to assess evidence of potential modern slavery.
The decision forced officials to abandon a planned flight to Paris the following day, leaving the government’s pilot scheme in doubt. Sources indicate the Home Office intends to appeal but campaigners and legal representatives argue the process has been rushed and arbitrary, with insufficient safeguards to identify vulnerable individuals.
Home Office Stance and Political Reaction
Ms Mahmood has pledged to review modern slavery laws to prevent what she described as “eleventh-hour attempts to frustrate removals”. She added:
“Migrants suddenly deciding they are a modern slave on the eve of their removal, having never raised this before, make a mockery of our laws and this country’s generosity. I will fight these claims at every step.” (The Guardian)
The Prime Minister announced the Franco-British deal in July, under which the UK would return rejected asylum seekers to France in exchange for accepting an equivalent number with family ties to Britain. However, no returns have yet taken place and critics warn the government is struggling to deliver on expectations.
Chris Philp, the Shadow Home Secretary, accused ministers of “panicking” in the face of legal obstacles, stating that without deeper reform, flights would continue to depart empty.
Concerns Over Safeguards and Screening
Immigration lawyers argue that many last-minute claims arise because asylum seekers only receive legal advice after being detained, while screening systems fail to detect indicators of trafficking.
Campaigners have also raised concerns that the government has not established effective mechanisms for identifying victims of trafficking. Lochlinn Parker of Detention Action called for the agreement to be scrapped, stating:
“The scheme has been beset with foreseeable problems. Screening for vulnerabilities and access to legal advice have predictably failed. The only way to end this chaos and harm is to end the deal.”
What Comes Next?
Despite mounting challenges, government officials insist further removals to France are planned this week, while reciprocal transfers from France to the UK are also due to begin. However, with legal appeals ongoing and flights repeatedly cancelled, it remains unclear whether the returns scheme can operate as intended.
As the political and legal battles continue, the case highlights the complex balance between border control, international agreements and the protection of vulnerable individuals within the UK’s asylum system.
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