A second migrant challenging deportation to France under the Government's "one in, one out" policy faces removal from the UK at 6:15am on Friday morning. The unnamed man brought his High Court claim on Thursday, seeking to block his scheduled deportation under the pilot scheme agreed with France in July.
The legal challenge follows Tuesday's successful bid by an Eritrean man who temporarily blocked his own removal after a judge ruled there was a "serious issue to be tried" regarding the lawfulness of his deportation amid trafficking claims. The second case comes as the first actual return flight to France under the scheme took place on Thursday, with additional removals planned for coming days.
Court proceedings
Mr Justice Sheldon granted the man anonymity during Thursday's hearing, noting he has "a number of different medical needs and he asserts he has been a victim of trafficking". The judge confirmed the individual had provided details about his "journey from Eritrea" to the court.
Sonali Naik KC, representing the man, described him as an "alleged trafficking victim" and argued: "The serious issue to be tried is whether this is the appropriate way for the Secretary of State to conduct litigation with vulnerable individuals." She told the court that "removal directions are set for 6.15 tomorrow morning".
Government opposition
The Home Office is opposing the legal bid, with barristers claiming there is "no serious issue to be tried". Sian Reeves, representing the department, told the court: "There is no arguable public law error in the Secretary of State proceeding in the way that she did in the circumstances of this case, where she had ample information."
She argued that "the trafficking claim can be investigated in France" and insisted: "His rights are protected in France." The Home Office has revised its policy so anyone being removed to a safe country can no longer appeal National Referral Mechanism decisions domestically, instead requiring judicial review from countries like France.
First case outcome
Tuesday's successful challenge involved an Eritrean man who alleged he faced a "real risk of destitution" in France and claimed vulnerability due to a gunshot wound in his leg. Although the National Referral Mechanism initially found he had likely not been trafficked, Mr Justice Sheldon ruled there was "a serious issue to be tried as to whether or not the removal decision is lawful" given ongoing trafficking investigations.
Home Secretary Shabana Mahmood has announced plans to appeal Tuesday's ruling and stated she would "fight to end vexatious, last-minute claims". Naik noted that solicitors acting for her client had been "subject to overt criticism by the Home Secretary" despite acting "responsibly since they were instructed".
Wider scheme context
The pilot programme aims to deter record small boat arrivals, with more than 31,000 people reaching the UK via dangerous Channel crossings in 2025. Under the arrangement, Britain returns asylum seekers to France in exchange for those approved to come to the UK through the new legal route.
The first detentions under the scheme occurred last month, with migrants held at immigration removal centres pending deportation. The first arrivals to Britain under the new route are expected in coming days following Thursday's inaugural return flight to France.
Sources used: "PA Media" Note: This article has been edited with the help of Artificial Intelligence.
