The High Court has delivered a landmark ruling concerning the Government’s flagship “one-in-one-out” policy of removing asylum seekers, under the 2025 UK Treaty with France. Mr Justice Sheldon ruled that the Home Office acted unlawfully by removing the right of potential victims of human trafficking to request reconsideration of negative trafficking decisions before removal to France under the Treaty.
The removal of the right to request reconsideration was found by Sheldon J to be unlawful, undermining the effectiveness of the UK’s trafficking identification regime, and the statutory purpose of protecting victims of modern slavery and human trafficking.
The five lead claimants were EXR, GIP, HRE, AYA and KAG.
Sonali Naik KC acted for two of the five lead claimants: AYA and KAG. In KAG, Sonali led James Robottom & Eleanor Mitchell of Matrix Chambers and in AYA, Sonali led Gordon Lee & Josephine Fathers of Garden Court, and Catherine Meredith of Doughty Street Chambers. Sam Grodzinski KC of Blackstone Chambers led Shu Shin Luh, Agata Patyna & Grace Capel of Doughty Street Chambers and David Sellwood of Garden Court who acted for EXR, GIP, HRE, three of the five lead claimants.
All five claimants were subject to removal to France under the UK-France Treaty. KAG was removed to France in November 2025. AYA was subsequently found conclusively to have been trafficked but was refused temporary leave as a victim of trafficking. However, his removal to France is no longer being pursued by the Government under Operation Hillmore. AYA was released from detention after almost seven months. Other aspects of his claim, and that of KAG’s, remain outstanding.
A further hearing will take place to determine relief and remedies.
The Government have announced they will seek permission to appeal.
Full judgment: AYA & Ors, R (On the Application Of) v Secretary of State for the Home Department [2026] EWHC 1742 (Admin) (10 July 2026)
Press coverage: Mahmood’s cutting of protections for UK-France ‘one in, one out’ asylum deal ruled unlawful – The Guardian
