A LAST-minute legal challenge to block a migrant’s deportation under the one-in one-out deal was thrown out tonight in a win for the Home Office.
The Eritrean man, who cannot be named for legal reasons, will be deported on a flight to France at 6.15am tomorrow.
High Court judge Mr Justice Sheldon ruled in favour of the Home Office
The migrant will be deported to France at 6.15am tomorrow
Human rights lawyers made an 11th hour application against his removal this afternoon.
They argued that he may be a victim of trafficking.
The asylum seeker claimed he had to flee Eritrea due to conscription and was later “stopped and kidnapped and forced to work” in Libya, the court heard.
The UK’s National Referral Mechanism (NRM) – which identifies and assesses victims of slavery and trafficking – found there was “no reasonable grounds” to suggest he had been trafficked.
A reconsideration found the same.
But Sonali Naik KC, the unnamed man’s counsel, said the decision had been “rushed” and there was a “serious issue to be tried” as to whether it was lawful.
She asked for “interim relief” – a temporary block on his removal – so he can supply further evidence for a judicial review.
Sian Reeves, for the Home Office, insisted it had “ample information” to make the decision.
She also argued that the claimant’s trafficking claim can be probed in France – as it has a “mirror approach” to the UK.
She told the court: “His rights are protected in France.”
High Court judge Mr Justice Sheldon ruled in favour of the Home Office.
He said: “The application for interim relief is refused…There’s no serious issue to be tried in this case and the balance of convenience plainly favours the claimant’s removal to France in accordance with the decision made by the Secretary of State.”
Mr Justice Sheldon ruled that the migrant can submit a trafficking case from France.
He added: “The situation in France allows the claimant to make the same trafficking claim that he can here.”
It comes after the same judge ruled on Tuesday that Eritrean asylum seeker could temporarily stay in the UK after claiming he had been a victim of forced labour just hours before his flight was due to take off.
The unnamed 25-year-old man also said he had been trafficked in Libya en-route to Britain.
Ms Naik argued that he also faced a “real risk of destitution” if he was deported to France.
Mr Justice Sheldon granted interim relief after ruling more time was needed to investigate the trafficking claims.
The migrant has been invited to make further representations to the NRM within the next 14 days.
Home Secretary Shabana Mahmood has vowed to lodge an appeal against the decision, saying “last minute attempts to frustrate removal are intolerable”.
Britain finally managed to boot out the first Channel migrant under the one-in one-out pact yesterday after three humiliating days where the Home Office failed to remove a single person.
The man, from India, was escorted onto an Air France passenger jet at Heathrow and flown to Paris.
He is the first of up to 100 asylum seekers detained by Border Force at the start of the month to be sent back.
Ms Mahmood said: “This is an important first step to securing our borders. It sends a message to people crossing in small boats: if you enter the UK illegally, we will seek to remove you.”
French President Emmanuel Macron and Prime Minister Sir Keir Starmer
Home Secretary Shabana Mahmood
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