The UK Home Office plans to continue sending asylum seekers to France, ignoring a high court ruling that found the policy unlawful. The court determined it is illegal not to reconsider initial negative trafficking decisions for individuals earmarked for removal.
The Home Office's decision to defy a high court ruling on asylum seeker removals to France raises significant concerns about the protection of potential trafficking victims and the rule of law in the UK.
The UK Home Office plans to continue its policy of sending asylum seekers to France, even after a high court ruling declared the practice unlawful. The ruling, issued by Mr Justice Sheldon, found that the Home Office acted unlawfully by failing to reconsider initial negative trafficking decisions for individuals earmarked for removal to France.
Despite the judgment, Home Office sources indicated that operational activity, including weekly chartered flights to France, could continue. Asylum seekers detained for these flights have reported that their claims of being victims of trafficking are not being heard. The court's decision impacts several hundred asylum seekers currently in detention or already returned to France.
The judgment specifically addressed a change in guidance implemented last September, which denied reconsideration of negative trafficking decisions. This guidance has been part of the UK's framework for identifying trafficking victims since 2013. Data presented in court revealed that nearly 80% of individuals who initially received negative trafficking decisions in 2025 had these decisions reversed upon reconsideration.
It also emerged that the UK government was aware of potential issues regarding the treatment of trafficking cases in France before agreeing to a deal last July. Officials noted that asylum seekers might receive 'unofficial' victim status as they were not French and many were not trafficked within France. Emma Ginn, director of Medical Justice, emphasized the need for the Home Office to properly consider medical evidence and allow reconsideration of negative trafficking decisions.
A Home Office spokesperson stated that last-minute modern slavery claims should not be used to frustrate removals and that the department is reforming laws to strengthen protections while preventing dubious claims. The spokesperson confirmed the Home Secretary will fight the judgment in the courts and appeal the decision.
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