UK-France asylum agreement encountering initial challenge as an Eritrean man successfully prevents deportation
A 25-year-old man, who arrived in Britain on August 12, was scheduled to be deported to Paris under the "one in, one out" migration scheme between Britain and France on Wednesday. However, the High Court in London granted the man an interim injunction on Tuesday, delaying the first return flight under the scheme.
The man, who traveled through Ethiopia and Italy before reaching France, had his initial trafficking claim rejected by the Home Office. Nevertheless, his lawyers argued he may be a victim of trafficking, prompting the court to intervene.
The authority responsible for verifying trafficking claims in the UK is typically the National Referral Mechanism (NRM), a specialized government agency with jurisdiction over human trafficking cases. The policy of returning individuals without giving them the opportunity to present their case has been met with criticism from rights groups, the opposition, and some political leaders.
Rights groups have argued that the policy risks breaching international law, while Conservative leader Kemi Badenoch criticized it, stating it makes Britain a refuge for anyone with unhappiness in other countries. Nigel Farage, head of Reform UK, also voiced his concerns, stating that "one in, one out" still means plus one for everyone who crosses the Channel.
The UK-France agreement, announced by Labour leader Keir Starmer and President Emmanuel Macron in July, involves France taking back people who arrived illegally in Britain, while the UK accepts the same number of recognized asylum seekers with family ties in the country. Starmer has made tackling small-boat arrivals a central pledge of his government.
Despite the interim ruling, a Home Office spokesperson confirmed that the government still expects flights to go ahead soon. The man was given 14 days to make further representations, and no migrant has yet been removed under the scheme, which is likely to face more legal tests in the coming weeks.
The policy has come under fire for being too weak, with the opposition arguing it does not address the root causes of migration and may lead to further human rights violations. Judge Clive Sheldon stated there is a serious issue to be tried in relation to the trafficking claim.
As of now, more than 30,000 people have crossed the Channel in small-boat journeys so far this year, a significant increase from previous years. The case of the 25-year-old man serves as a reminder of the complexities and challenges surrounding migration and the need for careful and compassionate policy-making.
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