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 under the 'one in, one out' returns pilot scheme agreed upon in July between the UK and France.
This legal challenge marks the first opposition against the controversial scheme in the High Court in London. His lawyers argue that he needs time to present evidence of potential victimhood of modern slavery, asserting that the decision to remove him was rushed.
The injunction raises substantial questions about whether other migrants slated for removal might utilize similar grounds to delay or block their deportations.
Home Office representatives contended that he had the option to claim asylum in France, arguing that any delays could encourage others part of this return initiative to file similar claims, which could counteract efforts to deter dangerous small boat crossings.
During the session, it became apparent that while the home secretary's officials initially dismissed his slavery claim, they indicated, via a letter, that he had the right to make additional representations. They stated they would not expect him to do so from France.
Judge Mr. Justice Sheldon noted that even though he rejected the man’s claim of being left destitute in France, he had to temporarily prevent the man’s departure due to this new development.
There is a serious issue to be tried concerning the trafficking claim and whether the Secretary of State has fulfilled her investigatory duties lawfully, he remarked, emphasizing that reasonable suspicion of trafficking must halt the removal for at least a brief period.
Home Office spokespersons conveyed that the government expects the initial returns to begin soon, asserting that this interim ruling would not obstruct the broader strategy.
Following the High Court ruling, Kemi Badenoch remarked that this event validated the government's concerns about potential legal challenges associated with the 'one in, one out' policy.
Despite the opposition, Conservative leaders continue advocating for stricter laws aimed at curbing illegal migration, reflecting ongoing tensions over the role of legal frameworks governing asylum and immigration policies.
Statistics reveal that over 30,000 individuals have crossed the Channel in small boats this year, the highest figure recorded early in any year since monitoring began in 2018.
The rapid approval of the 'one in, one out' scheme by Prime Minister Keir Starmer and French President Emmanuel Macron in July 2025 mandated the return of individuals arriving via small boats, while allowing for the acceptance of refugees from around the world who have not attempted to cross the Channel.
The implications of this case, particularly regarding future legal challenges from migrants subjected to the returns policy, remain to unfold as the government continues to push for immediate implementations of their migration strategies.
