Downing Street has insisted its migrant returns scheme with France is not a “shambles” after the High Court blocked a man’s deportation.
Having seen the previous Conservative government’s Rwanda scheme run into trouble with the courts, the Labour administration’s alternative suffered its own setback on Tuesday.
An Eritrean man, who cannot be named for legal reasons, was due to be on a flight to France this morning.
He brought a legal claim against the Home Office, with lawyers acting on his behalf saying the case “concerns a trafficking claim”.
They also said he had a gunshot wound to his leg, and would be left destitute if he was deported.
The Home Office said it was reasonable to expect him to have claimed asylum in France before he reached the UK in August, but the ruling went in his favour.
Mr Justice Sheldon granted the man a “brief period of interim relief”.
While the judge said there did not appear to be a “real risk” he would face destitution in France, the trafficking claim required further interrogation.
He said the case should return to court “as soon as is reasonably practical in light of the further representations the claimant […] will make on his trafficking decision”.
A Number 10 spokesperson downplayed the development, insisting removals under the deal with France will start “imminently” and ministers are not powerless in the face of the courts.
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‘One in, one out’ deal: What do we know?
‘We told you so’
The pilot scheme was announced to much fanfare in July, after Emmanuel Macron made a state visit to the UK.
Sir Keir Starmer had hoped the agreement – which would see the UK send asylum seekers who have crossed the Channel back over to France in exchange for migrants with links to Britain – would prove more resilient to court challenges than the Tories’ Rwanda plan.
He wants the number of migrants being returned to France to gradually increase over the course of the scheme, to deter them from coming in small boats.
The pilot came into force last month and is in place until June 2026.
Tory leader Kemi Badenoch was quick to say “we told you so” following Tuesday’s court decision, while Reform UK’s Nigel Farage criticised the government’s plan.
Mr Farage – who has said he would deport anyone who arrives in Britain illegally – said: “Even if the policy worked, one in, one out, and with another one in, still means plus one for everyone that crosses the Channel.”
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Migrant deal with France has ‘started’
The small boats crisis represents one of the biggest challenges for the new home secretary, Shabana Mahmood, following her promotion in Sir Keir’s recent reshuffle.
Speaking to Sky News’ Politics Hub With Sophy Ridge, Labour peer Maurice Glasman backed her to deliver.
Describing the former justice secretary as “very tough”, he said: “She’s completely for real. I’ve known her for over 10 years – she really wants to see law and order restored.”
