An Eritrean man who crossed the Channel by small boat has temporarily halted his removal to France after securing an injunction at the High Court, raising fresh questions about the UK’s new migrant returns deal with Paris.
The 25-year-old, who cannot be named for legal reasons, was due to be flown back to France on Wednesday under the “one in, one out” pilot scheme agreed in July by Prime Minister Keir Starmer and President Emmanuel Macron. Under the arrangement, France will accept migrants who travelled to Britain illegally and had their asylum claims deemed inadmissible, while the UK will in turn take approved refugees who have not attempted Channel crossings.
The man’s lawyers argued he had not been given enough time to present evidence that he may have been a victim of modern slavery. While the Home Office rejected that claim, it admitted in a letter on the morning of the hearing that he had the right to submit further representations — a process officials said would not be feasible from France.
Mr Justice Sheldon ruled that there was “a serious issue to be tried” and temporarily blocked the removal. He ordered that the man’s lawyers provide further evidence within 14 days, allowing the case to be resolved at a later hearing.
The Home Office maintained that the injunction would not derail the wider policy. “We expect the first returns to take place imminently,” a spokesperson said. Science Secretary Liz Kendall echoed the point, telling the BBC the ruling was “an interim judgement on one individual” and would not stop the deal from going ahead.
The ruling comes amid growing scrutiny of the scheme, which has yet to see a single removal carried out. Danny Shaw, a former Home Office adviser, said the case exposed weaknesses in the government’s approach, suggesting people had been selected for removal too soon after arrival, leaving little time to assess complex claims. Imogen Townley, a solicitor at Wilson LLP, called the government’s method “arbitrary and chaotic”, warning that individual circumstances made blanket removals unrealistic.
Conservative leader Kemi Badenoch seized on the ruling as evidence of “we told you so,” urging tougher laws to prevent Britain becoming “a refuge for anyone with the slightest bit of unhappiness.” Reform UK’s Nigel Farage also criticised the plan, arguing that the “one in, one out” formula would not reduce overall migration.
Court papers revealed the Eritrean man travelled through Italy and France before reaching Britain in May 2025, paying smugglers $1,400 for the Channel crossing. More than 30,000 people have crossed in small boats so far this year — the highest number ever recorded at this point since monitoring began in 2018.
While the government insists the deal with France is legally robust, the case highlights the likelihood of further legal challenges, particularly around trafficking claims. The outcome will intensify pressure on ministers to prove the scheme can work within the European Convention on Human Rights, which some Conservatives want Britain to leave.
