An Eritrean man will not be deported to France tomorrow under Sir Keir Starmer’s “one in, one out” deal after he won his High Court bid to have the removal temporarily blocked. The asylum seeker, who cannot be named for legal reasons, is bringing a legal claim against the Home Office, asking the court for a block on his removal. He was due to be on a flight to France at 9am on Wednesday.
The Home Office defended the case, saying that it was reasonable to expect the man to claim asylum in France. This evening, Mr Justice Sheldon said: “I am going to grant a short period of interim relief.”
The judgment came after a decision from the national referral mechanism (NRM) – which identifies and assesses victims of slavery and human trafficking – and the invitation from the NRM for the man to make further representations.
It is the latest blow to the Prime Minister’s pilot scheme with France which is aimed at tackling record small boat crossings.
A small group of migrants were said to have been removed from a flight yesterday after a legal challenge.
And a second Air France flight reportedly departed from Heathrow today without any asylum seekers on board.
Tory Shadow Home Secretary Chris Philp said: “Two flights, zero deportations. Labour’s France returns deal failed to remove a single migrant, yet thousands more continue to arrive. The government must come clean on whether even one person has been sent to us from France in return.
“Yesterday I told the new Home Secretary that unless they disapply the Human Rights Act for immigration cases, this deal would collapse in court. She refused, and here is the predictable result.
“This is another failed gimmick from this weak government who seem think a press release is the same as action.
“Only the Conservatives have a clear plan to deport all illegal arrivals, tackle the lawfare blocking immigration policy, and put a real deterrent in place through our Deportation Bill. Without that, the crossings will never stop.”
Sir Keir struck the deal with France in July for the UK to send back small boat arrivals in exchange for those who apply and are approved to come to Britain.
Despite the ongoing legal challenge, Downing Street insisted it expects deportations to begin “imminently”, with the Prime Minister’s official spokesman saying “for obvious reasons we’re not going to get into a running commentary on operational details before that”.
Sonali Naik KC, for the unnamed man, told the court on Tuesday the man faces a “real risk of destitution” if he is put on a flight to France.
Ms Naik KC said there is “a serious issue to be tried” about whether or not the man would be destitute if returned to France.
The barrister continued: “We are not dealing with a charter flight, it is simply a postponement.”
Ms Naik told the court the case “concerns a trafficking claim” and that her client, who alleges he has a gunshot wound in his leg, claims he is vulnerable.
The court heard that about a third of asylum seekers in France are not accommodated and they are given a daily allowance of 7.50 euros.
Kate Grange KC, for the Home Office, said in written submissions that the man travelled to Italy in April 2025, before travelling to France and arriving in the UK in August 2025.
She continued: “The claimant asserts that he was destitute, but no less than two charities had indicated they would provide him with accommodation if he claimed asylum.
“It is no answer that the claimant had friends who had claimed asylum and were living on the street, or that he wasn’t sure how long accommodation was being offered. He could have claimed asylum.”
Ms Grange continued that the agreement between the UK and France “pursues an important public objective”.
She added: “Serious injury and death, including of children, from small boat crossings in the English Channel is a grave social and political concern at the present time.”
