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 had argued that he could have claimed asylum in France. They added 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.
During the hearing, it emerged that while the home secretary's own officials had rejected his claim that he was a victim of slavery, they had also said in a letter that he had a right to make further representations – and they would not expect him to do that from France.
Mr Justice Sheldon, who rejected the man's claim that he would be left homeless and destitute in France, remarked that he would nevertheless have to block the man's departure in light of this new development.
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, he stated.
The judge required the man's lawyers to act swiftly in making further representations within 14 days to see if his case could be resolved in the next court hearing.
A spokesperson for the Home Office indicated that the government expected the first returns to occur imminently despite the injunction.
In recent comments, Kemi Badenoch expressed a need for tough laws regarding immigration standards, stressing the potential implications of the migrant situation on national policy.
Papers filed at the High Court show that the man, who remains unnamed for legal reasons, began his journey from Ethiopia to Europe over two years ago, arriving in Italy in April 2025.
With over 30,000 migrants having crossed the Channel in small boats so far this year, the legal case highlights ongoing complexities surrounding the UK and France's immigration policies and their impact on human rights.
The one in, one out scheme was introduced by Prime Minister Keir Starmer and French President Emmanuel Macron, promising to manage asylum claims more effectively. However, this case underscores potential challenges in its execution and legal compliance.
