UK court rules Mahmood’s trafficking guidance change unlawful
8 reported2 unconfirmed
A high court judge has ruled that Home Secretary Shabana Mahmood’s decision to reduce protections for potential trafficking victims under the UK-France “one in, one out” asylum deal was unlawful. The legal challenge was brought by five small-boat asylum seekers selected for return to France, four from Eritrea and one from Sudan. The change in guidance removed the right to request reconsideration for those initially denied trafficking protections. Mr Justice Sheldon found the decision made a “real difference” in two of the five cases but did not affect two others. All five asylum seekers were granted permission to proceed with their legal claims. The Home Office said it would appeal the ruling. The judgment is based on a single source, The Guardian, and has not been independently verified.
What’s reported
The high court ruled that Home Secretary Shabana Mahmood’s change to trafficking guidance was unlawful.
The change removed the right to reconsideration for those initially denied trafficking protections under the “one in, one out” asylum deal.
The challenge involved five small-boat asylum seekers: four from Eritrea and one from Sudan.
Mr Justice Sheldon found the change made a “real difference” in two cases but not in two others.
All five asylum seekers were given permission to proceed with their legal claims.
The Home Office said it would appeal the ruling.
More than 1,000 people have been removed to France under the scheme since August, with many subsequently disappearing.
Three of the five asylum seekers were removed to France; lawyers are calling for their return to the UK.
Open questions
The exact number of people affected by the unlawful guidance change is not specified.
Whether the Home Office will bring back the three removed asylum seekers or others is not confirmed.
Key figures
Shabana Mahmood, Home Secretary
Mr Justice Sheldon, High Court judge
Elizabeth Cole, solicitor at Duncan Lewis
Emma Ginn, director of Medical Justice
A Home Office spokesperson
Sources: The Guardian
