UK High Court Rules "One-in, One-Out" Deal Policy on Trafficking Claims Unlawful – Home Office to Appeal Decision
Updated: Jul 13
London, 13 July 2026 — The UK Home Office’s policy restricting the rights of certain migrants facing removal to France under the “one-in, one-out” deal has been ruled unlawful by the High Court.
High Court Judge Clive Sheldon found that the guidance introduced last September, which prevented people earmarked for return to France from challenging negative trafficking decisions before removal, was contrary to the UK’s obligations under modern slavery laws.
Key Points of the High Court Ruling
Migrants due to be sent back to France under the bilateral agreement were denied the right to request reconsideration of a negative modern slavery decision.
The judge highlighted that nearly 80% of people initially ruled not to be victims of trafficking later had the decision overturned upon reconsideration.
The ruling emphasised the importance of allowing proper appeals to protect genuine victims of trafficking.
The Home Office has already announced it will appeal the decision, stating that removals to France under the scheme will continue for the time being.
Home Office Response
A Home Office spokesperson said:
“Last-minute modern slavery claims should not be employed to hinder the deportation of illegal migrants. Trafficking claims made by individuals upon arrival are being taken seriously, but those made later and under the threat of deportation are not."
Background on the "One-in, One-Out" Scheme
The bilateral agreement between the UK and France allows Britain to return certain migrants who crossed the Channel on small boats, provided they are deemed ineligible for asylum. For every migrant returned, the UK accepts one migrant from France who has a strong protection claim and has not attempted irregular crossing.
As of March 2026, 377 people have been returned to France, while 380 have arrived in the UK under the scheme.
Implications of the Ruling
The decision is seen as a significant setback for the government’s efforts to deter irregular migration via small boats — a highly contentious political issue. The Guardian reported that the ruling could have “significant implications,” as a high number of small boat arrivals may involve potential victims of trafficking.
What Happens Next?
The Home Office plans to challenge the High Court's decision.
Removals under the “one-in, one-out” scheme continue in the meantime.
Advocacy groups and lawyers are expected to push for broader protections for trafficking claimants.
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