UK High Court rules government acted unlawfully on asylum seeker rejections

Britain's High Court ruled on Friday that the government acted unlawfully by altering its policy on rejecting asylum seekers, particularly those who might be victims of trafficking. The Home Office had changed its guidance in September to prevent individuals deemed not to be victims of trafficking from challenging that decision before being removed from the country.

This change was introduced following legal challenges to planned removals under a deal with France, intended to prevent claims of trafficking from obstructing the deportation process. However, five asylum seekers who had been removed or faced removal to France challenged the guidance, and the High Court found it to be unlawful.

Judge Clive Sheldon highlighted that the amended guidance would deny many asylum seekers, who arrived by crossing the Channel in small boats, the ability to use crucial evidence when their trafficking claims were assessed. He noted that in 2025, 79% of individuals initially deemed not to be trafficking victims received a positive decision upon reconsideration.

The Home Office stated its intention to appeal the ruling, with a spokesperson asserting that "last-minute modern slavery claims must not be used to frustrate the removal of illegal migrants." Lawyers representing some of the claimants welcomed the court's decision but pointed out that many individuals had already been unlawfully removed to France.

The ruling represents a significant setback for the government's agenda to reduce illegal migration, a key political issue in Britain. The government has been attempting to tighten immigration policies, partly in response to the anti-migration stance of Reform UK, a move that has alienated some of its supporters. The claimant who was returned to France, and granted anonymity, described experiencing "a feeling of hopelessness" and stated that the treatment of asylum seekers was unequal, with some placed in hotels while others, like them, were returned to France.