A 25-year-old Eritrean man has had his deportation to France under Labour's new “one-in, one-out” scheme halted at the last minute after winning a High Court challenge. The man, who cannot be named for legal reasons, is the first to successfully challenge the removal scheme, which began this week. His flight to France, scheduled for 9am on Wednesday, was cancelled after a judge granted interim relief.
Mr Justice Sheldon halted the removal after the National Referral Mechanism, which identifies trafficking victims, invited the man to make further representations. The judge ruled there was a serious issue to be tried over whether the Home Secretary had lawfully investigated his trafficking claim. He stated that if there is a reasonable suspicion of trafficking, that would constitute a statutory bar to removal, at least temporarily.
The Home Office had argued against halting the removal, saying the man could gather further evidence from France. However, Sonali Naik KC, representing the man, warned he faced a “real risk of destitution” in France, where about a third of asylum seekers are not accommodated and receive only €7.50 per day. The judge did not believe destitution would occur but granted the relief.
Emma Ginn, director of the charity Medical Justice, which supports detainees earmarked for removal, welcomed the decision, noting that the vast majority of those detained are torture and trafficking survivors, with the largest group being from Eritrea. She highlighted recurring histories of modern slavery and sexual abuse among them.
The one-in, one-out pilot scheme was agreed with France in July to deter small boat crossings, which have set a record this year. Under the deal, the UK sends asylum seekers who crossed the Channel back to France in exchange for approved applicants. Government sources said the first flight was still expected to take off later this week, but the Conservatives called the scheme “another failed gimmick” after this legal challenge succeeded.
