Home Secretary Shabana Mahmood has pledged sweeping reforms to the UK’s modern slavery laws after the Court of Appeal rejected her bid to deport an Eritrean asylum seeker under Labour’s new “one in, one out” migration scheme.
Mahmood had sought to challenge a High Court ruling that granted the Eritrean man 14 days to gather evidence in support of his trafficking claim before removal to France.
But three senior judges dismissed her application, dealing a setback to the Home Office.
Condemning what she described as “last-minute attempts to frustrate a removal,” Mahmood vowed to tighten the system.
“These tactics are intolerable, and I will fight them at every step,” she said. “We have already amended policy on 17 September and are considering further reforms to prevent misuse of the modern slavery framework. I will do whatever it takes to secure our borders.”
The Eritrean man, who arrived in the UK on 12 August by small boat, had been scheduled for deportation on an Air France flight.
Government lawyers argued he could pursue his trafficking claim in France, but judges disagreed.
Though the ruling does not overturn the broader “one in, one out” agreement with Paris which allows reciprocal returns of Channel migrants it highlights challenges facing its implementation. So far, only three people have been removed to France, with inbound transfers yet to begin.
Government counsel Kate Grange KC stressed the urgency of the scheme, warning that winter is coming and crossings will become increasingly perilous.
But Lord Justice Arnold, delivering the court’s rejection, said: “The judge made no error of law. None of the grounds of appeal are arguable.”
