The Home Office has lost its bid to speed up the deportation of an Eritrean migrant to France under the “one in, one out” scheme.
Three judges at the Court of Appeal dismissed the home secretary’s case on Tuesday, saying the High Court had “made no error of law or principle”.
A High Court judge had temporarily blocked the deportation of the Eritrean, who arrived in the UK on a small boat in mid-August, to Paris under the “one in, one out” scheme last week. The man was allowed 14 days to submit further evidence in a modern slavery claim, which had been rejected by the Home Office.
The Home Office argued on Tuesday that the move has caused “real damage to the public interest”, but the Court of Appeal found that the asylum seeker had a right to request a review of the negative decision.
The Eritrean had claimed to be a victim of trafficking but Home Office decision-makers had said his account was not credible.
In a tense hearing, Lord Justice Arnold, Lord Justice Lewis and Lady Justice Elisabeth Laing questioned why the Home Office was arguing that the 14 days was too long when the department had originally told the Eritrean he would have 30 days to request a review.
Kate Grange KC, for the Home Office, told the court that 48 hours, rather than 14 days, would have been sufficient to supply further evidence, leading Lord Justice Arnold to ask: “Are you seriously submitting that a medical report can be obtained and submitted within 48 hours?”
Lord Justice Lewis quizzed the Home Office, saying: “Why tell him he’s got 30 days?” and Lord Justice Arnold added: “It seems to be fairly black and white. You have the right to request a review of the decision”.
The three judges rose to consider their ruling without hearing submissions from lawyers representing the Eritrean, and reached their view within minutes.
Ms Grange KC told the court that there was “considerable urgency” to make the “one in, one out” scheme work. She said that the scheme, which sees small boat migrants returned to France in exchange for other asylum seekers, was needed to break the business model of people-smuggling gangs.
She said: “Winter is coming. Over the next few weeks temperatures will drop and journeys [across the Channel] will become more hazardous.”
“We submit that the public interest in preventing and deterring these journeys could not be more serious or acute,” she added.
She said that every time an asylum seeker asks for more time for their case to be assessed it affects “the extent to which this policy...acts as a deterrent”.
In written arguments presented to court, the Home Office said that the High Court’s decision “affects immediate operational actions concerning removal from the UK”, adding that there “is a high risk” that other asylum seekers under the scheme will bring similar claims.
They highlighted that another asylum seeker had asked for a 30-day deferral of his removal.
Three migrants have been removed under the UK-France treaty so far, with the home secretary hailing the flights as “an important first step to securing our borders”.
The Home Office argued that Mr Justice Sheldon’s decision last week “causes real damage to the public interest and undermines a central policy objective, viz deterrence of unsafe journeys and saving life”.
“Small boat crossings in the English Channel is a grave social and political concern at the present time,” they said.
Since the Eritrean case was heard at the High Court, the Home Office have changed official guidance on modern slavery claims made by migrants.
Asylum seekers due for removal under the “one in, one out” deal with France will now be blocked from challenging government decisions refusing them modern slavery support.
These migrants will not be able to ask for their negative decision’s to be reviewed. Instead, if they want to challenge the decision, their only recourse will be via legal action from another country, including France.
Nearly 20,000 people arrived in the UK in the first half of this year by crossing the English Channel in small boats – up 48 per cent on the first six months of 2024.
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