Eritrean Man Temporarily Stays in UK After Court Injunction Against Removal to France

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 and that delaying his departure could encourage others allocated to the return flights this week to make similar claims, undermining the public interest in deterring lethal small boat crossings.

However, during the hearing, it emerged that the home secretary's own officials had rejected his claim that he was a victim of slavery, but indicated he had a right to make further representations while remaining in the UK.

Mr Justice Sheldon stated that there was a serious matter to be considered regarding the trafficking claim, adding that this would amount to a statutory bar to removal for at least a short period of time. He ordered the man's lawyers to finalize further representations within 14 days.

The Home Office spokesperson indicated that the government expected the first returns to take place imminently, although this interim ruling would not impact the wider policy. This legal development reinforces discussions around the 'one in, one out' policy, which seeks to manage the immigration issue stemming from the Channel crossings.

Despite the anticipated removals, it highlights the complexities and potential pitfalls of immigration policy, prompting further scrutiny of human rights implications and the legal framework governing such returns.