An Eritrean man who arrived in the UK by small boat has won a last-minute legal claim to temporarily block his removal to France.
The 25-year-old was due to be returned on Wednesday under the 'one in, one out' returns pilot scheme agreed in July between the UK and France.
In the first legal challenge against the deal, in the High Court in London, his lawyers argued he needed more time to present evidence that he might have been the victim of modern-day slavery - and the decision to remove him had been rushed.
The injunction raises serious questions about whether other migrants allocated to flights will use the same grounds to delay or block their removal.
Lawyers for the Home Office argued that he could have claimed asylum in France, adding that delaying his departure could encourage others allocated to the return flights to make similar claims. However, evidence revealed that although officials had earlier rejected his claim, they acknowledged that he had a right to make further representations from the UK.
Mr. Justice Sheldon, acknowledging the complexities of the case, stated, There is a serious issue to be tried in relation to the trafficking claim and whether or not the Secretary of State has carried out her investigatory duties in a lawful manner. He emphasized that a reasonable suspicion of trafficking would bar removal for at least a short period.
This legal hold coincides with the UK Government's expectations to begin expelling migrants to France. The 'one in, one out' scheme aims to manage illegal crossings over the English Channel, inviting scrutiny regarding human rights implications, particularly in light of the ECHR. As the UK political landscape shifts ahead of upcoming conferences, debates around migrant policy, rights, and the current administration's pledges will take center stage.
