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, 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.
However, during the hearing, it emerged that while the home secretary's officials had rejected his claim of being a victim of slavery, they acknowledged he had a right to make further representations and that this process should not occur from France.
Mr Justice Sheldon ultimately decided to temporarily block the man's departure, citing the need for a thorough investigation into potential trafficking claims.
The broader implications of this ruling could prompt further legal challenges from other migrants facing removal under this scheme. The government's policy aims to dissuade further dangerous crossings of the Channel, while the political response has sought tougher measures to curb immigration rates.
As the situation develops, it also feeds into the larger debate surrounding international human rights obligations and the treatment of asylum seekers in the context of rising migration numbers across Europe.
