An Eritrean man has successfully obtained a temporary legal injunction to halt his removal from the UK to France. The 25-year-old, who arrived in the UK via small boat, was expected to be deported on Wednesday as part of a “one in, one out” return arrangement between the UK and France, established in July.
This case represents the first legal challenge against the agreement in the High Court of London. The man’s legal team argued that he required additional time to present evidence suggesting he may have been a victim of modern slavery, contending that his removal was expedited. In response to the judgment, Science Secretary Liz Kendall noted that it was an interim decision affecting only one individual and would not derail the broader return scheme.
Kendall emphasized the government’s position that illegal entrants would be deported, despite acknowledging that this arrangement was not a comprehensive solution to immigration issues. The ruling raises concerns about whether other migrants facing removal might pursue similar legal claims to delay their deportations.
The Home Office had maintained that the individual could have sought asylum in France and expressed concern that postponing his return could set a precedent, potentially encouraging other migrants to challenge their deportations. Notably, while the Home Office initially rejected the man’s slavery claim, it later stated he retained the right to make further representations, which they expected him to do outside of France.
Mr. Justice Sheldon indicated that the temporary block on the man’s removal was necessary to investigate the legitimacy of the trafficking claim. He instructed the man’s lawyers to submit any additional representations within 14 days for further court consideration.
The “one in, one out” scheme, initiated by Prime Minister Keir Starmer and French President Emmanuel Macron, is designed to facilitate the return of migrants who reach the UK illegally. Under the agreement, the UK would accept refugees who have not attempted unauthorized crossings in exchange for returning individuals with withdrawn asylum claims. Notably, this arrangement has yet to be implemented, and initial deportations had been scheduled for a recent Tuesday.
Source: https://www.bbc.com/news/articles/c1dqe2443l1o?at_medium=RSS&at_campaign=rss