THE British government has defended its new migrant returns deal with France after a High Court ruling temporarily blocked the deportation of an Eritrean asylum seeker, marking an early legal setback to the scheme.
The 25-year-old man, who arrived in Britain on a small boat from France on August 12, was due to be placed on an Air France flight from Heathrow to Paris on Wednesday (17) morning. But on Tuesday (16), Judge Clive Sheldon granted an interim injunction, saying there was a “serious issue to be tried” over his claim to be a victim of trafficking.
The ruling gives the asylum seeker 14 days to provide more evidence before a full legal hearing.
Government minister Liz Kendall acknowledged the court’s decision was a setback but insisted it would not derail the wider “one-in, one-out” pilot deal with France.
“This is one person, it is not going to undermine the fundamental basis of this deal,” she told Times Radio. “This decision is disappointing but it won’t prevent the rest of that deal going ahead.”
Under the agreement, signed in July and launched in August, Britain can return migrants who arrive by small boats and are judged ineligible for asylum, including those who passed through a safe country. In exchange, the UK will accept an equal number of migrants from France who apply for visas through an online platform. The pilot scheme will run until June 2026.
So far this year more than 31,000 people have crossed the Channel in small boats, adding to political pressure on prime minister Keir Starmer. Immigration has become a dominant issue in Britain, often eclipsing concerns over the economy, as the government struggles to deter irregular crossings.
The returns were expected to begin this week, but several deportation attempts have already been delayed after migrants lodged last-minute legal challenges. More than 90 people detained for removal have pending cases, according to charities. France is due to begin its first repatriations under the deal on Saturday (20), its home ministry confirmed.
Lawyers for the Eritrean man argued that sending him back to France would expose him to “a real risk of destitution” and that his trafficking claim should be resolved before any removal. Sonali Naik, representing the asylum seeker, said the government had acted prematurely.
The Home Office, however, argued in court that the UK-France scheme was essential to “disincentivise illegal and dangerous crossings and favour legal migration routes.” Kate Grange, counsel for the government, warned that delays in one case could encourage others to file similar claims, undermining the agreement’s deterrent effect.
Charities have also raised concerns that the deal will face “all sorts of challenges”. Pierre Makhlouf, from Bail for Immigration Detainees, said: “If the government presumed that the removals would actually take place this week, then they might be premature. Those who are here will fight very hard.”
The Starmer government regards the deal as a central part of its efforts to control migration and to blunt the rise of Nigel Farage’s Reform UK party, which has made gains in opinion polls with its anti-immigration message.
Despite the court ruling, ministers stressed the government remained committed to the returns policy. “Playing in the subcontinent always presents a challenge and we have selected a team to be competitive in these conditions,” said Kendall. “We will continue to pursue this agreement because it is in the interests of both countries and of the migrants themselves.”
(Agencies)
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