Migrants blocking UK law through last-minute appeals against deportation “make a mockery” of the legal system, the Home Secretary has said.
Shabana Mahmood vowed to fight the “last-minute claims” after the deportation of an Eritrean man under the UK-France migrant returns deal was temporarily blocked following a legal challenge.
On Tuesday, the High Court granted the man, who cannot be named for legal reasons, a “short period of interim relief” ahead of his deportation to France scheduled for a 9am flight on Wednesday.
Ms Mahmood blasted the “intolerable” decision and said the Home Office would appeal against it.
Following the court ruling, Ms Mahmood said: “Last minute attempts to frustrate a removal are intolerable, and I will fight them at every step.
“I will fight to end vexatious, last-minute claims.
“I will robustly defend the British public’s priorities in any court.
“And I will do whatever it takes to secure our border.”
She added: “Migrants suddenly deciding they are a modern slave on the eve of their removal having never made such a claim before, make a mockery of our laws and this country’s generosity.”
It comes as the Government is facing fresh pressure over the migrant returns agreement, which is yet to send any migrants back to France since it came into force last month.
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.
On Tuesday, lawyers acting on the Eritrean man’s behalf said the case “concerns a trafficking claim” and her client, who alleges he has a gunshot wound in his leg, claims he is vulnerable and faces a risk of “destitution” in France.
The Home Office defended the case, saying it was reasonable to expect the man to claim asylum in France.
Mr Justice Sheldon said on Tuesday evening: “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.”
He said based on the arguments made in court, it did not seem to him that there was a “real risk” the man would “suffer destitution if he was to be returned to France”.
The judge added that the case “should come back to this court as soon as is reasonably practical in light of the further representations that the claimant… will make on his trafficking decision”.
The Home Secretary is also currently reviewing modern slavery legislation to explore whether it is open to misuse.
The latest setback comes after reports suggested the first flights planned to remove those back to France under the deal departed without any migrants on board on Monday and Tuesday.
But the first removals of migrants to France under the pilot scheme are still expected to go ahead this week.
Under the deal, 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.
France has reportedly said it will only accept a small initial contingent of deportations, while the UK has said it hopes to increase numbers over the course of the scheme in an effort to stop small boat crossings in the Channel.
