A UK High Court has ruled that the government acted unlawfully by cutting protections for potential victims of trafficking facing removal to France under the “one-in, one-out” scheme. Under the current policy, migrants were unable to challenge rejected trafficking claims before being removed.

The court highlighted that removing the opportunity to challenge rejected trafficking claims before being removed was inconsistent with the UK’s own guidance on tackling modern slavery and human trafficking. The decision may have implications for persons who have already been removed under the policy to date.

When protection comes too late

Five asylum seekers brought the legal challenge. They argued they had been denied a meaningful opportunity to have their trafficking claims properly reviewed before removal to France.

One survivor said the experience left them with “a feeling of hopelessness.” Reflecting on their experience, the survivor said:

When a lot of individuals enter the United Kingdom to seek refuge, and have experienced a lot of difficult situations, being further mistreated is simply heart-breaking.

The survivors also described feeling treated unfairly, adding:

The overwhelming sentiment is that they do not treat people equally. Some people they place in hotels, some they return to France, like me.

For survivors of trafficking, fear, trauma and coercion can make it difficult to disclose exploitation immediately. Without time and proper review procedures, people may lose access to protections designed to support survivors of modern slavery.

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