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The UK’s migrant returns deal with France has faced its first major challenge after the High Court temporarily blocked the deportation of an Eritrean man. The individual, who arrived in Britain last month via small boat, was due to be sent back to France under the “one in, one out” pilot scheme. However, just hours before his scheduled removal, he claimed to be a victim of modern slavery. His legal team argued that the Home Office had rushed its decision and that he needed more time to present evidence.
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The ruling raises concerns that other migrants targeted for deportation could adopt similar legal strategies to delay or halt removals. Home Secretary Shabana Mahmood expressed frustration at what she called “intolerable, last-minute attempts to frustrate a removal.” She vowed to ensure Britain’s borders are secured, stressing that such appeals undermine public trust and risk making a “mockery of the law.” The Home Office said it will appeal the decision and is reviewing the Modern Slavery Act to prevent misuse.
The blocked deportation highlights the political and legal hurdles surrounding the “one in, one out” scheme, which was introduced in July to reduce dangerous small boat crossings across the Channel. Under the agreement, the UK returns asylum seekers who cross illegally, while France accepts them in exchange for migrants approved to resettle in Britain. But so far, progress has been slow, with reports that the first flights to France left empty earlier this week.
Home Office lawyers argued the Eritrean man should have claimed asylum in France and warned that delays would set a precedent for others awaiting deportation. Officials fear that repeated legal challenges could weaken the deterrent effect of the scheme, similar to what happened with the scrapped Rwanda plan. Mahmood insisted she would robustly defend the policy, arguing that Britain’s generosity was being exploited.
The case underscores the difficulties of implementing international returns agreements and balancing humanitarian protections with enforcement. Despite setbacks, ministers expect the first deportations to France under the deal to go ahead before the end of the week, though France has so far agreed to only a limited number of returns.
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