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You have 14 days to bring back deported asylum seeker, judge tells Priti Patel

This comes as the Nationality and Borders Bill, which could make it a criminal offence to knowingly arrive in the UK without permission, was introduced to Parliament - Dominic Lipinski/PA Wire
This comes as the Nationality and Borders Bill, which could make it a criminal offence to knowingly arrive in the UK without permission, was introduced to Parliament - Dominic Lipinski/PA Wire

Home Secretary Priti Patel must bring back to the UK an asylum seeker who arrived via a small boat and was later deported to France within 14 days, a High Court judge has ruled.

The court heard that the alleged victim of modern slavery and torture was deported due to an "illegal and secret" Home Office policy and should be brought back.

This comes as Ms Patel's Nationality and Borders Bill, which could make it a criminal offence to knowingly arrive in the UK without permission, was introduced to Parliament on Tuesday.

The 38-year-old Sudanese man, who can only be identified by the initials AA, made an asylum claim in the UK in June 2020 after fleeing to Europe due to torture and persecution in Sudan.

The man said he was later enslaved and tortured in Libya while travelling to France, where his asylum claim was first rejected.

After he then arrived in the UK, AA had a screening interview with immigration officials who are legally required to take steps to identify potential victims and refer "any suspicion" of slavery or human trafficking for investigation.

However, AA's screening interview did not identify him as a potential victim of modern slavery and he was deported back to France, where he was homeless and destitute, the court heard.

At the time of his interview, the Home Office had a published policy to ask two questions designed to determine if someone has been the victim of modern slavery.

AA argued that the Home Office also had a secret and unlawful policy to not ask those questions, which would have led to him being identified as a victim.

Mr Justice Wall said: "Had the claimant been identified as a potential victim of modern slavery, he could not have been removed from the United Kingdom until the process of investigating that issue was complete.

"He would also have been entitled to assistance and support while in this country... However, the failure to refer him led to a removal of the claimant to France. It ended this country's responsibility for him."

If AA has not been brought back to the UK within 14 days, the Home Office will have to explain the reasons why and what has been done to the court.

A spokesman for the Home Office said: “This is a disappointing judgment and we are now considering our next steps.

“This does not impact on our right to remove those who are confirmed to have no right to be in the UK."