One In One Out Treaty: High Court holds removal of reconsideration for trafficking victims unlawful

10/07/26

The Administrative Court (Sheldon J) has handed down judgment today in R (AYA, EXR, HRE, GIP and KAG) v SSHD [2026] EWHC 1742 (Admin) on common issues in relation to trafficking victims arising out of the Agreement between the UK and France concerning the return of individuals to France who arrive in the UK from illegal crossings by boat from France (often referred to as the ‘UK-France’ or ‘One In One Out’ Treaty).

On the ‘main issue’ for determination, the Court held that the Secretary of State acted unlawfully in removing the right to reconsideration of a negative decision determining that an individual has been a victim of slavery or human trafficking (whether on a “reasonable grounds” or “conclusive grounds” basis).

The Court upheld the claimants’ arguments that, inter alia, the removal of that stage of decision making was contrary to the requirement in the Council of Europe Convention against Trafficking of effective identification of victims of trafficking, as well as an unlawful fettering of the Secretary of State’s discretion to reopen negative decisions.

The Court went on to address a number of further issues arising in the individual claims of the claimants.

The Judgment is here.