First case under new scheme
A London court has temporarily blocked the deportation of an Eritrean man to France under the UK’s new “one in, one out” migrant return scheme.
This marks the first legal challenge to the policy agreed by Prime Minister Keir Starmer and French president Emmanuel Macron.
The man, who cannot be named, had been scheduled for removal on Wednesday. But Mr Justice Sheldon granted a late injunction after his lawyers argued he was at risk of destitution in France and claimed to be a victim of trafficking.
Legal arguments presented
Sonali Naik KC told the High Court there was a “serious issue to be tried” in her client’s case. The court heard that the man had travelled through Italy and France before arriving in the UK on a small boat last month.
Representing the Home Office, Kate Grange KC said the claimant could have sought asylum in France and noted that charities had offered accommodation. “It is no answer that the claimant had friends who had claimed asylum and were living on the street,” she added.
Political backdrop
The case is the first test of the returns deal announced in July, which aims to deter small-boat crossings across the English Channel. Under the pilot scheme, migrants arriving in Britain may be returned to France, while the UK agrees to accept a different asylum seeker from France with a legitimate claim, such as family reunification.
Justice Sheldon ruled that the man should not be removed until further representations on his trafficking claim have been considered. The matter is expected to return to court soon.
