An Eritrean man is scheduled for deportation to France tomorrow as part of the UK government's controversial "one-in, one-out" immigration policy. This follows the man's unsuccessful attempt to challenge the decision in the High Court. During a hearing in London, his barristers sought "interim relief" while preparing for a full legal challenge against the deportation order. They argued that the process was "procedurally unfair" as he had not been given adequate opportunity to present evidence supporting his claim of being an "alleged trafficking victim".
The Home Office opposed the request to delay the removal, asserting to the High Court that there was "no serious issue to be tried". Mr Justice Sheldon ruled against the man's application for interim relief, stating, "In my judgment, the application for interim relief is refused. The test for injunctive relief is not made out. I consider that there is no serious issue to be tried in this case."
The man claims he fled Eritrea in 2019 due to forced conscription and subsequently lived in Ethiopia, South Sudan, and Libya. He travelled to France, where he spent about a week in Paris, describing himself as "homeless and destitute, and constantly feared for his life". He then moved to Dunkirk, residing in an encampment known as "the jungle" for approximately three weeks without applying for asylum in France.
He arrived in the UK via a small boat and was detained by the UK Border Force on August 6. On August 9, he was informed that his asylum claim in the UK was deemed inadmissible. This case follows another recent instance where an Eritrean man successfully obtained a temporary block on his deportation after the same judge identified a "serious issue to be tried" regarding the legality of his removal, amid claims of trafficking.
In that earlier case, the court noted that the national referral mechanism (NRM), which assesses victims of slavery and human trafficking, had determined that the man was likely not trafficked but allowed him time to make further representations. The first individual deported under the new "one-in, one-out" policy was an Indian national, who was sent back to France by plane last Thursday after arriving in the UK by small boat.