Migrants win High Court battle against one-in, one-out deal in massive blow to Mahmood scheme
Shabana Mahmood’s one-on-one deal was thrown into chaos after the migrants successfully argued that deporting them was unlawful.
Britain’s Supreme Court today accepted an appeal from five Channel migrants who argued that the Government had broken the law by depriving them of an important right to challenge their deportation.
The people who brought the case (four from Eritrea and one from Sudan) were targeted for deportation by the Ministry of Internal Affairs or had already been deported.
Three of the five immigrants who opposed the policy had already been sent to France by the Home Office, but lawyers are now agitating for them to be sent back to the UK.
It comes after the Home Secretary removed the right of migrants who were initially denied trafficking protections to appeal their decisions.
Those who successfully claim that they have been trafficked will have a stronger case when fighting potential deportation under a one-on-one, one-out plan.
But in a stunning blow to the Home Secretary’s plans to crack down on illegal crossings, the group’s lawyer successfully argued that migrants’ fundamental rights ‘cannot be sacrificed for the sake of expediency and speed of decision-making or the desire to expedite deportations’.
And Judge Sheldon later found that the Home Secretary had acted unlawfully by denying asylum seekers the right to review initially negative trafficking decisions.
He said: ‘In my opinion such a decision-making process cannot be considered sound and effective.’
All five asylum seekers were given permission by the judge to continue their legal claims.
But their successful bid to remain in Britain will now pave the way for more asylum seekers to fight deportation under the terms of the deal.
Shabana Mahmood’s one-on-one deal was thrown into chaos after she successfully argued that the deportation of migrants was illegal
Britain’s Supreme Court today backed an appeal by five Channel migrants who claimed the Government broke the law by deporting them; This deals a dramatic blow to the Home Secretary’s plans to crack down on illegal crossings
Under the agreement with France, small boat migrants can be detained and sent back to France in exchange for an equal number of people who apply legally.
According to the agreement, 921 small boat migrants have been deported to France so far, and Britain has accepted 896 people in return.
More than 200,000 migrants have crossed the Channel illegally since records began in 2018.
But Labour’s supporters are trying to block Ms Mahmood’s attempts to control illegal immigration; Nearly 80 MPs are calling on Andy Burnham to water down reforms.
In a letter to the new Prime Minister, they write that the Home Secretary’s policies mean the party is ‘losing progressive voters’.
A Home Office spokesman said: ‘Last-minute modern slavery allegations should not be used to stop illegal immigrants from being deported.
‘We’re reforming our laws to stop questionable last-minute claims, while strengthening protections for those who need them.
‘The Home Secretary will fight this in the courts and appeal this decision.’
