Keir Starmer faced a significant setback as the High Court ruled against deporting an Eritrean man to France on Wednesday. The individual, whose identity remains undisclosed for legal reasons, was slated for removal under the Government’s “one in, one out” initiative. He initiated legal action against the Home Office, seeking to halt his deportation.
Originally scheduled for a flight to France at 9am on Wednesday, the man received a temporary reprieve. The Home Office argued that it was reasonable to expect him, having arrived after crossing the Channel, to seek asylum in France. In a Tuesday evening ruling, Mr. Justice Sheldon granted interim relief, stating the importance of maintaining the current situation.
The judgment followed a decision by the national referral mechanism (NRM) to allow the man to present further representations. A recent pilot program, established with the French government in July to address small boat crossings, led to initial detentions last month. The scheme involves returning asylum seekers who crossed the Channel to France in exchange for approved entries into the UK.
Despite the legal challenges, Downing Street expressed anticipation of imminent deportations. The Prime Minister’s spokesperson emphasized non-disclosure of operational details due to ongoing proceedings. Representing the unnamed man, Sonali Naik KC highlighted the risk of destitution if he were sent to France, citing concerns about his vulnerability and the potential lack of support there.
The case revolves around a trafficking claim, with the man alleging vulnerability due to a gunshot wound in his leg. Notably, a significant portion of asylum seekers in France reportedly lack accommodation and receive a nominal daily allowance. According to Kate Grange KC, representing the Home Office, the man’s travel history and available support options were factors in the deportation decision.
She underscored the public interest in the UK-France agreement, emphasizing the grave risks associated with small boat crossings in the English Channel. The evolving legal battle underscores the complex issues at play in immigration and asylum policies.