The Home Office’s bid to challenge a temporary block on an Eritrean man’s deportation to France will head to the Court of Appeal next week.
In the first challenge against a deportation under the Government’s “one in, one out” scheme at the High Court, the man was granted 14 days to make representations to support his claim that he was a victim of modern slavery.
He had been due to be removed to France at 9am the following day under the arrangement where the UK will send back to France asylum seekers who have crossed the Channel, in exchange for those who apply and are approved to come to Britain.
But in the decision on Tuesday temporarily pausing the deportation, Mr Justice Sheldon said: “It seems to me there is a serious issue to be tried with respect to the trafficking claim and whether or not the Secretary of State has carried out her investigatory duties in a lawful manner.”
The Home Office had said it planned to lodge an appeal against the judge’s decision, with Home Secretary Shabana Mahmood saying she will fight last-minute claims against removals, and that the use of modern slavery legislation to block deportations made a “mockery of our laws”.
According to Court of Appeal listings, the appeal bid is now set to be heard on September 23 at the Royal Courts of Justice in London.
The hearing is expected to deal with both permission to appeal – whether the Home Office can challenge the High Court’s decision – as well as the appeal itself if permission is granted.
Ministers agreed the pilot scheme with the French government in July as part of efforts to deter the record number of arrivals by small boat crossings so far this year.
Two asylum seekers have been removed from the country under the scheme, including a second Eritrean man who was deported on a flight from Heathrow to Paris at 6.15am after losing a High Court bid to halt his removal.
An Indian national was sent back on Thursday.
Deputy Prime Minister David Lammy said on Friday that the return deal with France serves as an “immediate deterrent”, also describing the pilot as “a milestone”.
He also said the Government hoped to see the number of deportations “grow over the coming months and years” as more small boats began making the dangerous journey in the early hours of Friday.
