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 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, and undermine the public interest in deterring lethal small boat crossings.
However, it emerged during the hearing that while the home secretary's officials had rejected his claim that he was a victim of slavery, they also indicated he had a right to make further representations — and 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, stated that temporary blocking of the man's departure was warranted due to the seriousness of his case.
He asserted that there was a reasonable suspicion he had been trafficked, which would constitute a statutory bar to removal.
A spokesperson for the Home Office remarked that the government expected to start the first returns soon, asserting that the interim ruling would not hinder the broader policy's implementation.
Kemi Badenoch responded to news of the injunction stating, we told you so, as the government braces for backlash regarding this contentious legal framework.
The one in, one out scheme aims to tackle illegal crossings of the English Channel while providing refuge for those legitimately seeking protection. The results of this pilot program will likely reignite debates about the European Convention on Human Rights and the treatment of migrants.
