An individual from Eritrea is scheduled for deportation to France tomorrow under the government’s “one-in, one-out” initiative following an unsuccessful High Court challenge. During the London hearing, his legal representatives sought interim relief pending a full legal challenge, arguing that the deportation decision was unfairly executed without adequate opportunity to present evidence supporting his claim of being a potential trafficking victim.
The Home Office opposed the request to halt the removal temporarily, asserting to the High Court that there was no substantial legal issue at hand. In the ruling, Mr. Justice Sheldon denied the application for interim relief, stating that there was no significant legal matter to be deliberated.
The man stated that he fled Eritrea in 2019 due to forced conscription and traveled through Ethiopia, South Sudan, and Libya before reaching France. He described being homeless, destitute, and in constant fear for his life while in Paris and Dunkirk, where he resided for a brief period without seeking asylum in France.
Upon arriving in the UK via a small boat and being detained by the UK Border Force on August 6, the man was informed that his asylum claim was deemed inadmissible on August 9, according to Justice Sheldon.
In a separate case, another Eritrean man successfully petitioned the court to temporarily halt his deportation after concerns were raised about the legality of the removal amidst trafficking allegations. The national referral mechanism (NRM) indicated that the individual was unlikely trafficked but granted him additional time to present further arguments.
Following this recent legal development, the Home Office adjusted its approach to reconsidering modern slavery determinations, stipulating that individuals being sent to a safe country cannot appeal an NRM decision. Instead, they must initiate a legal challenge from another nation, such as France.
The first individual to be repatriated to France under the new “one-in, one-out” agreement was an Indian national who arrived in the UK via a small boat last month. He was flown back to France on Thursday morning.
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