A 25-year-old Eritrean migrant, who arrived by small boat on 13 August, was due to be among the first people removed to France this week. However, he lodged a modern slavery claim just days before his scheduled flight, despite initially telling officials that he had not been exploited.
The High Court granted a 14-day injunction, delaying his removal while he submits evidence that he was trafficked during his journey through Sudan and Libya. Mahmood, said to be “furious” with the ruling, has ordered a review of the Modern Slavery Act to identify areas open to “misuse” by migrants seeking to avoid deportation.
Crackdown on “vexatious claims”
A source close to the home secretary said:
“Shabana is furious with the decision. Fourteen days is a ridiculously long time. If you let this kind of thing stand, you set a precedent. We’ve got to appeal this.”
The Home Office has confirmed it will lodge an appeal, hoping it will be heard before the weekend. Mahmood said:
“Last-minute attempts to frustrate a removal are intolerable. Migrants suddenly deciding that they are a modern slave on the eve of their removal make a mockery of our laws and this country’s generosity. I will fight to end vexatious, last-minute claims.”
Political fallout and charity controversy
The case has fuelled criticism of charities accused of helping migrants delay deportation. Bail for Immigration Detainees (BiD), which has received more than £400,000 in Comic Relief donations, has produced a step-by-step guide for migrants, including template letters to resist removal.
Chris Philp, the shadow home secretary, called it “a complete farce”, accusing BiD of publishing a “how-to guide for illegal immigrants to make fraudulent claims”.
The Home Office said previous agreements under Conservative governments had allowed such charities to distribute contact details in detention centres, but those arrangements had now ended.
Legal setbacks for the government
The injunction has also exposed internal tensions within government. Sources blamed Lord Hermer, the attorney general, for moving senior Home Office lawyer John Ward at a critical moment, weakening the department’s defence of the policy. Others rejected the claim, saying one lawyer’s transfer would not derail the scheme.
The case was further complicated when the Home Office changed its legal position mid-hearing on whether migrants could submit evidence from abroad, undermining its own case.
UN cautious support
Despite the setback, the government’s migrant returns deal with France received cautious support from the UN refugee agency (UNHCR). Assistant High Commissioner Ruvendrini Menikdiwela acknowledged that many migrants were abusing asylum systems across Europe, while genuine refugees remained a minority.
She said:
“We welcome this agreement in principle as an attempt to manage the situation and share responsibility, provided it upholds the rights of refugees to seek asylum.”
Mahmood remains determined to press ahead with deportations, hoping to complete the first removals before Saturday, when legitimate asylum seekers in France are due to be transferred to Britain under the reciprocal agreement.
