An Eritrean man faces a "real risk of destitution" if deported to France under the Government's "one in one out" policy, the High Court has heard. The unnamed migrant is challenging his scheduled removal at 9am on Wednesday morning, seeking temporary legal protection until his case can be fully heard.
The challenge centres on a pilot scheme that ministers agreed with the French government in July as part of efforts to deter record numbers of small boat arrivals this year. Under the arrangement, the UK sends back Channel crossers to France in exchange for approved applicants to come to Britain.
The first detentions under the scheme took place last month when the deal came into force, with migrants held at an immigration removal centre pending their removal from the country. The current case represents the first major legal test of the controversial policy.
Legal challenge details
Sonali Naik KC, representing the migrant, told the court there is "a serious issue to be tried" about whether the man would face destitution if returned to France. She said her client has a pending decision under the national referral mechanism, which identifies trafficking victims, and claims vulnerability due to an alleged gunshot wound in his leg.
The barrister described the case as "simply a postponement" rather than a charter flight situation. She told the London court that about a third of asylum seekers in France receive no accommodation and are given a daily allowance of just 7.50 euros.
Home Office position
Kate Grange KC, for the Home Office, said the man travelled from Italy to France before arriving in the UK in August, having initially reached Italy in April. She argued he could have claimed asylum earlier, noting that two charities had indicated they would provide accommodation if he sought protection in France.
Ms Grange emphasised the agreement "pursues an important public objective", highlighting the grave dangers of Channel crossings. She told the court that 78 people linked to attempted Channel crossings died in 2024, and that this week alone two children were "crushed to death" in the bottom of a boat.
Government maintains confidence
Despite the legal challenge, Downing Street insists it expects deportations to begin "imminently" under the returns arrangement with France. The Prime Minister's spokesman said the Government had made the first detentions under the scheme and expected returns to commence soon.
No deportations under the France deal have yet taken place. A second Air France flight departed Heathrow on Tuesday without any migrants on board, according to reports, though Downing Street denied the returns deal was hampered by court challenges.
Sources used: "PA Media" Note: This article has been edited with the help of Artificial Intelligence.
