UK judge blocks plan to send migrant back to France under new 'one in one out' deal
The ruling is a setback for Prime Minister Keir Starmer's efforts to stop people crossing the channel from France in small boats.
A British judge temporarily blocked the government from sending an asylum-seeker who crossed the English Channel back to France, delaying the first deportation under an agreement between London and Paris.
The 25-year-old Eritrean man was due to leave Britain on Wednesday on a commercial flight.
But after his lawyers appealed, High Court judge Clive Sheldon granted "a short period of interim relief" so the man can present evidence to support his claim that he is a victim of human trafficking.
Lawyers for Home Secretary Shabana Mahmood argued that the man, who can't be identified for legal reasons, could and should have sought asylum in France.
"It seems to me there is a serious issue to be tried with respect to the trafficking claim and whether or not the secretary of state has carried out her investigatory duties in a lawful manner," the judge said.
The ruling is a setback for Prime Minister Keir Starmer's efforts to stop people crossing the channel from France in small boats.
Mahmood said the government would appeal the decision. Despite the court ruling, the first removals to France are expected to take place this week.
"Last-minute attempts to frustrate a removal are intolerable and I will fight them at every step," Mahmood said.
"Migrants suddenly deciding that they are a modern slave on the eve of their removal, having never made such a claim before, make a mockery of our laws and this country’s generosity."
More than 30,000 people have made the crossing so far this year, a decrease on the 37,000 who arrived last year.
Dozens have died in recent years trying to cross one of the world’s busiest shipping lanes in overcrowded dinghies.
Starmer scrapped the previous Conservative administration's contentious plan to send migrants who crossed the channel on a one-way trip to Rwanda.
Instead, he has pinned hopes on a deal with Paris to send some people who cross back to France, in return for accepting some asylum-seekers currently in France who have family ties to Britain.
UK officials have suggested the "one in, one out" plan is a major breakthrough, despite the initial program involving a limited number of people.
The government is also looking to speed up the processing of asylum claims. Officials have housed tens of thousands of migrants awaiting decisions in hotels at public expense and the hotels have become flashpoints for protests.
Eritrean man halts deportation in first test
of UK-France asylum pact
A British court has blocked the planned removal of an Eritrean asylum seeker to France, handing Prime Minister Keir Starmer an early setback in his plan to stop small-boat crossings of the English Channel.
Issued on: 17/09/2025 - RFI
The 25-year-old man, who cannot be named for legal reasons, arrived in Britain on 12 August. He was due to be put on a flight to Paris on Wednesday under the “one in, one out” scheme agreed in July by Britain and France.
But on Tuesday, London’s High Court granted him an interim injunction after his lawyers argued he may be a victim of trafficking.
“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,” said Judge Clive Sheldon.
The ruling delays what would have been the first return flight under the scheme, which aims to reduce irregular migration. More than 30,000 people have crossed the Channel in small-boat journeys so far this year – the fastest pace since records began in 2018.
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Legal challenge
The man’s lawyers told the court he needed more time to provide evidence of his claim. Court papers show he travelled through Ethiopia and Italy before reaching France, where his mother paid smugglers $1,400 to arrange his Channel crossing.
Home Office lawyers argued he could have claimed asylum in France. They warned that delaying his removal could encourage others to make similar challenges.
Court documents show the Home Office had already rejected his trafficking claim but confirmed in a letter on Tuesday that he has the right to make further representations. The judge ruled he should have 14 days to do so.
“I am going to grant a short period of interim relief,” Sheldon said. “The status quo is that the claimant is currently in this country and has not been removed”.
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Political pressure
The UK-France agreement was announced by Starmer and President Emmanuel Macron in July. Under the deal, France agreed to take back people who arrived illegally in Britain, while the UK would accept the same number of recognised asylum seekers with family ties in the country.
Starmer has made tackling small-boat arrivals a central pledge of his government. But the policy has already come under fire – rights groups say it risks breaching international law, while the opposition says it is too weak.
Conservative leader Kemi Badenoch told LBC radio the injunction proved her party’s concerns.
“We told you so,” she said. “We are basically turning our country into a refuge for anyone who may have even the slightest bit of unhappiness in any other country”.
Nigel Farage, head of Reform UK, also attacked the plan, saying “one in, one out, and with another one in, still means plus one for everyone that crosses the Channel”.
A Home Office spokesperson told the BBC the government still expected flights to go ahead soon. “The interim ruling will not prevent delivery of the wider policy,” the spokesperson said.
No migrant has yet been removed under the scheme, which is likely to face more legal tests in the coming weeks.
(with newswires)
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