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A young man from Eritrea who recently arrived in the UK by boat narrowly avoided being sent back to France after winning a temporary legal claim to halt his removal. Originally scheduled to be returned under the new “one in, one out” returns pilot scheme between the UK and France, the 25-year-old’s deportation was delayed due to a last-minute legal challenge. This case marked the first legal opposition to the agreement, raising concerns about other migrants using similar grounds to delay or prevent their removal from the UK.
The man’s lawyers argued in the High Court in London that he needed more time to present evidence suggesting he may have been a victim of modern slavery, and that the decision to deport him had been rushed. Despite the Home Office asserting that he could have claimed asylum in France, the court hearing revealed that his claim of slavery had not been properly assessed by officials. The judge, Mr. Justice Sheldon, granted an injunction to temporarily block the man’s removal in order to explore the trafficking claim further.
Papers filed at the High Court disclosed that the man had fled Ethiopia two years ago, making his way to Italy before eventually arriving in France. His mother paid smugglers $1,400 (£1,024) for him to cross the Channel to the UK. Although he had the opportunity to seek asylum in Europe, the man explained that he felt unsupported after witnessing individuals sleeping on the streets. Despite officials’ insistence that he should have applied for asylum elsewhere, the Home Office had failed to evaluate whether sending him back to France would put him at risk of destitution.
The contested “one in, one out” scheme, announced by Prime Minister Keir Starmer and French President Emmanuel Macron in July, stipulated that France would accept migrants whose asylum claims were rejected in the UK in exchange for the UK taking in eligible refugees from France. However, no individual has been deported under the scheme yet, as the scheduled returns were postponed following legal challenges. The government defended the pilot scheme, stating that it was legally sound and compliant with domestic and international laws despite facing questions about its effectiveness and implementation
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