A 25-year-old Eritrean man has had his deportation to France halted by a High Court judge after he claimed to be a victim of trafficking, in a potential setback for the government's 'one-in, one-out' scheme.
The man, who cannot be named for legal reasons, was due to be on a flight to France on Wednesday morning. However, Mr Justice Sheldon granted interim relief after the National Referral Mechanism, which identifies trafficking victims, invited him to make further representations.
The judge ruled there was a serious issue to be tried regarding whether the Home Office had lawfully investigated the trafficking claim. He said if there was reasonable suspicion of trafficking, that would amount to a statutory bar to removal, at least temporarily.
The Home Office argued the man could pursue his trafficking claim from France, but the judge disagreed. The ruling is a blow to the government, as many of those earmarked for removal are potential trafficking victims who have not had their claims fully assessed.
Emma Ginn, director of Medical Justice, welcomed the decision, noting that most detainees under the scheme are torture and trafficking survivors, with the largest group from Eritrea. The 'one-in, one-out' deal with France was agreed in July to deter small boat crossings.
