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Migrant Fails Legal Challenge Against Removal to France under "One-for-One" Policy

Eritrean individual faces imminent deportation to France this Friday, having unsuccessfully challenged the High Court over the government's "one-in, one-out" scheme preventing a temporary stay of removal.

Migrant Faces Deportation to France Despite Unsuccessful High Court Challenge Under the "In and...
Migrant Faces Deportation to France Despite Unsuccessful High Court Challenge Under the "In and Out" Policy

In a recent court ruling, a judge has ordered the case of an Eritrean man, who alleges he is a victim of trafficking, to return to court as soon as possible. The man, whose identity remains undisclosed, is scheduled to be deported to France under the UK Government's "one-in, one-out" scheme.

The man brought a claim against the Home Office on Thursday to temporarily block his removal. The court heard that the case concerns a trafficking claim, and the man alleges he is vulnerable. The national referral mechanism (NRM) found that the man had likely not been trafficked, but offered him time to make further representations.

The first detentions of migrants took place last month under the "one-in, one-out" scheme, which is part of efforts by the UK Government to deter the record number of arrivals. More flights for migrant deportations are scheduled in the coming days, with the first migrant being deported to France under the scheme on Thursday.

However, the court temporarily blocked the man's deportation on Tuesday due to a "serious issue" regarding the legality of his removal amid trafficking claims. Mr. Justice Sheldon ruled there was not a "real risk" that the man would "suffer destitution if he was to be returned to France", but there is a "serious issue to be tried" regarding the lawfulness of his removal.

The Home Office has announced it will seek to appeal against the ruling. Home Secretary Shabana Mahmood stated that she would "fight to end vexatious, last-minute claims". The updated Home Office policy on reconsidering modern slavery decisions was revised due to concerns about their use to block deportations.

The UK will return asylum seekers to France who have crossed the Channel, in exchange for those who apply and are approved to come to Britain under the scheme. The migrants are being held at an immigration removal center pending their removal from the UK.

It is important to note that the name of the lawyer who represented the Eritrean in the high court ruling is not provided. More than 31,000 people have arrived in the UK this year after making the dangerous journey by small boat crossings. The "one-in, one-out" scheme was agreed upon by Ministers and the French government in July.

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