A High Court judge has directed the UK Home Office to return a Sudanese asylum seeker, identified as a potential victim of trafficking, who was forcibly removed to France under the government’s “one in, one out” policy. The ruling, issued on Tuesday by Mr Justice Sheldon, marks the first judicial rebuke of the government’s approach and may set a precedent for similar cases.

The “one in, one out” scheme, introduced to reduce Channel crossings, involves deporting some irregular migrants and asylum seekers to France while legally admitting a comparable number from there into the United Kingdom. The government has argued that this policy serves as a deterrent to small boat crossings, which have reportedly declined by more than 40% compared to the previous year. Despite the decrease, over 1,000 migrants arrived last week, with four fatalities recorded during attempts to cross the Channel on Thursday.

The Sudanese asylum seeker was returned to France on November 27, 2025, and is among five individuals challenging the refusal of the Home Office to reconsider trafficking claims once initially rejected. The judge overturned a policy change that had denied such reconsideration, emphasizing that the asylum seeker’s removal was unlawful. The man is described as a torture survivor and a vulnerable victim of trafficking.

In addition, a second asylum seeker who was sent back to France as part of the same legal challenge will have his trafficking claim re-examined there. Depending on the reconsideration’s outcome, he may also be repatriated to the UK.

The judgment raises complex issues over the practical handling of trafficking cases under the “one in, one out” arrangements, as many individuals removed to France are reported to have disappeared. Some reportedly went underground following threats from smugglers operating in northern France, while others fled due to fears of further removal either to their home countries or to other EU member states where they had been fingerprinted under the Dublin Regulation.

Both the Home Office and the asylum seekers involved have been granted permission by the High Court to appeal aspects of the ruling. Representatives for the asylum seekers welcomed the decision. Emily Soothill, of the legal firm Deighton Pierce Glynn, said the ruling acknowledged the unlawful nature of removing vulnerable trafficking victims to France and underscored the harm caused by the Home Office’s earlier decisions.

The Home Office has indicated it is currently reviewing the judgment carefully before deciding on next steps.