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Judge Orders UK to Return Trafficking Victim Sent to France

Created at 3 Aug · 6:06 PM1 source↑ Market-relevant
IN SHORT

A UK High Court judge has ordered the Home Office to return an asylum seeker, identified as a trafficking victim, to the UK after he was forcibly removed to France under a 'one in, one out' policy. The ruling quashes a policy change that denied asylum seekers the right to have trafficking claims reconsidered after initial rejection.

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Key Numbers

40%reduction in small boat crossings compared to last year

Who's Involved

Mr Justice Sheldon
High Court judge who issued the ruling
Home Office
UK government department responsible for immigration policy
Emily Soothill
Solicitor at Deighton Pierce Glynn representing a client
Elizabeth Cole
Solicitor at Duncan Lewis representing a client

↳ Why This Matters

This ruling challenges the legality of the UK's 'one in, one out' deportation policy and its handling of trafficking victims, potentially impacting future immigration decisions and the treatment of vulnerable individuals.

Key facts

  • A High Court judge ordered the Home Office to bring an alleged trafficking victim back to the UK from France.
  • The individual was removed under the 'one in, one out' policy, which exchanges Channel crossings for legal arrivals.
  • The judge quashed a Home Office policy preventing reconsideration of rejected trafficking claims.
  • This ruling is the first of its kind and may impact other individuals removed under the policy.
  • The asylum seeker is a Sudanese national, a torture survivor, and one of five who challenged the policy.

A UK High Court judge has mandated the Home Office to repatriate an individual, identified as a victim of trafficking, who was forcibly sent to France under the government's 'one in, one out' scheme. This landmark ruling quashes a recent Home Office policy that denied asylum seekers the opportunity to have their trafficking claims re-evaluated after an initial rejection.

The 'one in, one out' policy aims to deter illegal Channel crossings by facilitating the removal of individuals arriving in small boats in exchange for admitting a comparable number through legal routes. While the government claims this has reduced crossings by over 40% year-on-year, recent arrivals and fatalities highlight ongoing risks.

The judge, Mr Justice Sheldon, stated that the quashed policy would be treated as if it never existed. The asylum seeker ordered for return is a Sudanese national and torture survivor, one of five who initiated legal action against the policy change. His removal to France occurred on November 27, 2025, and reasonable grounds have been established for his victim of trafficking status.

A second asylum seeker involved in the legal challenge, also sent to France, will have his trafficking case reconsidered there, with a potential return to the UK contingent on the outcome. Both the Home Office and the asylum seekers have been granted permission to appeal aspects of the judgment.

Legal representatives for the asylum seekers welcomed the decision, emphasizing its importance for vulnerable victims of trafficking and for upholding the rule of law. They expressed hope that the ruling would enable a wider group of individuals unlawfully removed to France under the treaty to seek justice and potentially return to the UK. The Home Office is reportedly reviewing the judgment and considering its appeal options.

Frequently asked questions

The 'one in, one out' scheme is a UK policy that forcibly removes some individuals who cross the English Channel in small boats, in exchange for bringing a similar number of people legally into the UK. The government hopes it will deter small boat crossings.

The Home Office changed its policy to refuse asylum seekers the right to have their trafficking claims reconsidered after an initial rejection. The judge has quashed this policy.

The asylum seeker is a Sudanese national, a survivor of torture, and an alleged victim of trafficking. He was forcibly returned to France on November 27, 2025.

This is the first ruling of its kind and could lead to more people affected by the 'one in, one out' policy being brought back to the UK. It also questions the lawfulness of previous removals under the UK-France treaty.

What Happens Next

01The Home Office will consider its options for appeal.
02The second asylum seeker's trafficking case will be reconsidered in France.
03Further legal challenges may arise from individuals affected by the 'one in, one out' policy.

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Cadence

How It Developed

A UK High Court judge ordered the Home Office to return an alleged trafficking victim to the UK.
The individual was forcibly removed to France under a 'one in, one out' scheme.
The judge quashed a Home Office policy that refused asylum seekers the right to reconsidered trafficking claims.
The ruling could lead to more individuals affected by the 'one in, one out' policy being returned to the UK.
The asylum seeker is from Sudan, a survivor of torture, and was one of five challenging the policy.
A second asylum seeker involved in the legal challenge will have his trafficking case reconsidered in France.
Both the Home Office and asylum seekers have been granted permission to appeal the judgment.
Solicitors welcomed the decision, highlighting its significance for victims of trafficking and upholding the rule of law.

Sources

T1
Judge orders return of alleged victim of trafficking sent to France under ‘one in one out’ schemeThe Guardian

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