An Eritrean man is set to be deported to France under Sir Keir Starmer’s “one in, one out” scheme on Friday after a last-minute legal bid failed.
The High Court ruling came just hours after the Home Office returned the first migrant under the deal.
The Eritrean man, who has not been identified in court proceedings, is due to be deported at 6:15am on Friday. The man said he is a victim of trafficking, but the Home Office argued there was not enough evidence for him to qualify for modern slavery support.
Siding with the Home Office, Mr Justice Sheldon said he did not accept the argument that the migrant “had been denied procedural fairness” due to the speed of his trafficking claim decision.
“In my view, the secretary of state did have sufficient information to make the reconsideration decision,” he said on Thursday afternoon. Mr Justice Sheldon said it was open to the home secretary to conclude that the Eritrean’s account of his modern slavery “couldn’t reasonably be believed”.
The judge said it was “clear” that the migrant would have the opportunity to submit a trafficking claim in France.
A preliminary doctor’s report indicated that the asylum seeker could be a victim of trafficking because of the route that he took through Libya, Sonali Naik KC told the court on behalf of the migrant.
The Eritrean has said that he was kidnapped and forced to work in Libya, the court heard. The Home Office said that France can consider claims from people who say they were trafficked outside of France.
Ms Naik KC said that the scheme set up to deal with modern slavery victims in France is not equivalent to the UK’s support scheme, called the National Referral Mechanism.
The case comes after the first migrant was removed under the UK-France treaty, landing in Paris on Thursday morning. Announcing the news of the return, home secretary Shabana Mahmood said: “This is an important first step to securing our borders. It sends a message to people crossing in small boats: if you enter the UK illegally, we will seek to remove you.”
Shadow home secretary Chris Philp said Labour “must come clean” and clarify whether the removal was voluntary. He added: “Since Labour announced their returns deal 9,909 illegal immigrants have crossed the Channel, and we are supposed to celebrate one solitary return?”
Another Eritrean asylum seeker succeeded in halting his deportation to France on Tuesday evening after a High Court judge allowed him time to respond to a negative modern slavery decision.
The Home Office had decided that there wasn’t enough evidence that the 25-year-old Eritrean was a victim of trafficking, but the judge allowed him 14 days to attempt to rebuff the decision.
In a bid to prevent further delays, asylum seekers due for removal under the “one in, one out” deal with France will be blocked from challenging Home Office decisions about their modern slavery claims after the home secretary changed the modern slavery statutory guidance.
Instead, if they want to challenge the decision, their only recourse will be via legal action from another country, including France.
However Ms Naik KC, for the Eritrean man, told the High Court on Thursday that the change was made too late to apply to Thursday’s case and also it made the situation more grave, as “there’s no coming back” if the man is sent to France.
“All the more important is the remedy now... because there’s no reconsideration. Once you’re gone, you’re gone,” she said.
Sian Reeves, representing the Home Office, said that France had a “mirror approach” to the UK in handling modern slavery claims. “The trafficking claim can be investigated in France. His rights are protected in France,” she added.
Charity Medical Justice, who have been providing support to asylum seekers detained under the France scheme, said that removal directions for five of their clients have been cancelled so far.
Detention Action – currently supporting 28 people detained under the UK-France returns deal – said that four of them had removal directions scheduled between Monday and Wednesday, which were all cancelled or deferred with no further date set.
Two people the charity is supporting have their removals scheduled for later this week or early next week. Of the 28, seven people have indicators of human trafficking, but only one has been referred so far for modern slavery support.
A spokesperson for Medical Justice said: “The vast majority of our clients detained for the ‘one-in one-out’ have histories of trauma, such as torture and trafficking which are common amongst those taking the perilous journeys from their countries.
“Disclosure is not aided by our clients having been interviewed in the middle of the night; they are disorientated after many hours of having no sleep and no food, shortly after an often distressing journey across the Channel. Unsurprisingly, these terrible conditions may affect responses to questions in interview.”
They added that vulnerable asylum seekers often don’t recognise the terminology used in interviews.
Home Office quietly blocks modern slavery challenges under France deportation scheme
First migrant deported to France under Starmer’s one-in one-out deal
First migrant flown back to France in UK's 'one in, one out' policy to curb unauthorized migration
First migrant return to France ‘shows we will seek to remove you’, says Mahmood
Experts propose new benefit to replace PIP – here’s what it would look like
