2 hours ago
13
An Eritrean man has had his deportation to France under Labour’s “one-in, one-out” scheme halted at the 11th hour after he won a high court challenge.
The 25-year-old man, who cannot be named for legal reasons, is the first to win a challenge in the high court against the removal scheme, which is itself new. The first removal flights were due to take place on Monday and Tuesday of this week but were cancelled. The man had been due to be on a flight to France at 9am on Wednesday.
The judge, Mr Justice Sheldon, halted his removal after a decision came through during the court hearing that his claims to be a victim of trafficking required further investigation.
The ruling is a significant blow to the government because many of those due to be removed under the scheme are potential victims of trafficking. Because they have only recently arrived in the UK they have not had an opportunity to have their trafficking claim fully investigated nor to obtain expert medical and psychological reports.
The Home Office argued against halting the removal, saying that the man could get further evidence to support his trafficking claim from France. On Tuesday evening, Sheldon said he was “going to grant a short period of interim relief”.
The judgment came after a decision from the national referral mechanism, which identifies and assesses victims of slavery and human trafficking, and the invitation from the body for the man to make further representations.
Ministers agreed the one-in, one-out pilot scheme with the French government in July as part of efforts to deter the record number of arrivals by small boat crossings so far this year.
The first detentions of migrants took place last month as the deal came into force and they have been held at an immigration removal centre pending their removal from the country.
Under the arrangement, the UK will send asylum seekers who have crossed the Channel back to France, in exchange for those who apply and are approved to come to Britain.
Sonali Naik KC, representing the unnamed man, told the court on Tuesday he faced a “real risk of destitution” if he was put on a flight to France. She said there was a “serious issue to be tried” and that the man risked destitution in France, something the judge said he did not believe would be the case. The court heard evidence that about a third of asylum seekers in France were not accommodated and given a daily allowance of €7.50.
Kate Grange KC, for the Home Office, said it was important for the agreement with France to go ahead because of the continuing risk to life of Channel crossings. “Serious injury and death, including of children, from small boat crossings in the English Channel is a grave social and political concern at the present time,” she said.
The Tories said Labour’s returns deal with France was “another failed gimmick” after a scheduled deportation was blocked following a last-minute legal challenge.
