Home Secretary Shabana Mahmood has pledged to tighten modern slavery laws to stop migrants from making last-minute legal claims to delay deportation, after the Court of Appeal rejected her attempt to overturn a High Court ruling.
The case centred on an Eritrean asylum seeker, who arrived in the UK on a small boat in August and was due to be deported to France under the government’s new “one in, one out” migrant scheme.
Justice Sheldon at the High Court granted the man 14 days to gather evidence for his trafficking claim before removal. Mahmood’s legal team appealed, arguing that the man should be removed immediately and pursue his claim in France.
However, three Court of Appeal judges – Lord Justice Arnold, Lord Justice Lewis, and Lady Justice Elisabeth Laing – dismissed the appeal, ruling that the High Court judge had not erred in law.
Home Secretary Promises Legislative Action
Mahmood described the ruling as a setback but insisted she would not allow what she called “vexatious, last-minute challenges” to derail government policy.
“Last-minute attempts to frustrate a removal are intolerable, and I will fight them at every step,” she said. “We amended policy on 17 September and are considering wider reforms to stop misuse of the modern slavery system. I will do whatever it takes to secure our borders.”
The ruling does not block the wider UK–France “one in, one out” agreement, but it highlights legal hurdles the government faces in enforcing removals.
Limited Progress on UK–France Migrant Deal
So far, only three migrants have been removed to France under the new agreement, which allows Britain to deport those who cross the Channel illegally in exchange for receiving asylum seekers with valid claims from France.
The first group of asylum seekers from France was scheduled to arrive in the UK last weekend, but this has been delayed. Government lawyers argued in court that making the scheme work quickly is essential to dismantle people-smuggling networks.
Winter Crossings and Public Interest Argument
Representing the Home Office, Kate Grange KC stressed the urgency of implementing removals: “Winter is coming. Over the next few weeks temperatures will drop and journeys will become more hazardous. The public interest in deterring these crossings could not be more serious or acute.”
But judges concluded there was no realistic prospect of success in the appeal, leaving Mahmood to pursue reforms through Parliament instead.
Background: Modern Slavery Law and Migrant Challenges
The Modern Slavery Act 2015, introduced under Theresa May, created protections for victims of trafficking. However, in recent years it has become a flashpoint in immigration cases, with ministers claiming the system is being abused to delay removals.
The High Court ruling reflects the balance courts must strike between upholding migrant rights and enabling the government to enforce removals. Past governments have repeatedly faced similar challenges when attempting to combine immigration enforcement with anti-trafficking obligations.
Labour’s “one in, one out” scheme, announced earlier this year, was intended to show a tougher stance on illegal crossings while maintaining a humanitarian commitment. The Eritrean case now raises questions about how resilient the policy will be when tested in the courts.
