Migrants' legal challenge to deportations threatens Starmer's immigration crackdown

The lawsuit, which will appear before the High Court, will seek to overturn Shabana Mahmood's new legal guidance, which prevents migrants using Britain’s modern slavery laws to delay their removal from the UK.

Alex Norris, the border security and asylum minister, said the cases are “exactly why we are reforming our laws”.

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Speaking to the Times, Mr Norris added: "Last-minute modern slavery claims must never be used to prevent the removal of illegal migrants."

The home secretary withdrew the reconsideration of modern slavery claims from deportation cases as part of a major legal overhaul in September.

That same month, an Eritrean migrant used the right to apply for a “reconsideration” to block his deportation to France during a high-profile case.

Under new guidelines, migrants can only appeal their rejected modern slavery case after their removal.

The changes allowed the government to send an array of flights to France containing deported migrants under the the prime minister's one in, one out scheme, which he agreed with President Macron in July.

Since the policy was initiated, fewer than two per cent of migrants who have arrived on small boats in that time have been returned.

Records show that 305 migrants have been deported to France and 367 asylum seekers transferred to the UK under the reciprocal terms of the scheme.

Small boat crossings have resumed in recent days after January saw the lowest number of crossings since 2021.

The Home Office recorded 541 arrivals on Sunday and Monday, which took the total number for this year to 1,208.

A total of 65,811 migrants have arrived since Starmer entered Downing Street in July 2024, the highest number of small boat crossings under any prime minister.

Mahmood admitted last week that the numbers returned to France had not yet “dented” the small boat crossing figures.

The migrants lodging their appeal in the High Court are also challenging whether France is sticking to its international obligations to protect victims of trafficking.

France is committed to the Council of Europe’s Convention on Action Against Trafficking in Human Beings when it relates to victims who have been trafficked outside France.

The migrants are challenging whether male victims of trafficking receive adequate support in France.

Norris said the Government would do everything in its power to defeat the legal challenge.

“The government will fight any legal attempt in the courts to frustrate their removal or deportation.

"These cases are exactly why we are reforming our laws to stop these last minute claims and restore order and control to our border."