Eritrean Man Successfully Blocks Deportation to France Amid Legal Challenges

Wed Sep 17 2025 12:42:48 GMT+0300 (Eastern European Summer Time)

In a landmark ruling, an Eritrean national has secured a temporary injunction against his removal to France under the UK's controversial 'one in, one out' immigration scheme, raising key legal questions about the rights of asylum seekers.

An Eritrean man who arrived in the UK by small boat has won a last-minute legal ruling to block his deportation to France under the 'one in, one out' immigration policy. The High Court granted the injunction while the man's lawyers present further evidence regarding potential trafficking, challenging the efficiency and legality of the UK government's deportation processes and the broader implications for other migrants.

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.

However, it emerged that while the home secretary's officials had rejected his claim that he was a victim of slavery, they had also acknowledged that he had a right to make further representations – and they would not expect him to do that from France.

Mr Justice Sheldon stated that while he rejected the man's claim that he would be left homeless and destitute in France, he would nevertheless have to temporarily block the man's departure in light of that 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 noted.

Kemi Badenoch responded to news of the injunction, insisting that tougher laws are needed to address what she perceives as the underlying issues of immigration.

The 'one in, one out' scheme was announced as part of a treaty where France agreed to take back migrants who had attempted to cross into the UK illegally, while the UK would accept asylum seekers who have not attempted such crossings. The efficacy of this pilot now hangs in the balance as this ruling hints at potential further delays.