Man wins temporary block on deportation against 'one in, one out' deal

An Eritrean man will not be deported to France on Wednesday under the Government’s “one in, one out” policy after he won his High Court bid to have the removal temporarily blocked.

The man brought the claim against the Home Office and was due to be removed from the UK at 9am on Wednesday.

Lawyers for the man asked the court for a temporary block on his removal.

The Home Office is defending the case, saying that it was reasonable to expect the man to claim asylum in France.

Sonali Naik KC, for the unnamed man, said a decision under the national referral mechanism decision, which identifies and assesses victims of slavery and human trafficking, was pending.

She 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 court in London heard that the man was seeking “interim relief,” a temporary block on his removal to France, until his case could be fully heard.

The barrister continued: “We are not dealing with a charter flight; it is simply a postponement.”

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.”

A Home Office spokesperson said: “Under the new UK-France Treaty, people crossing in small boats can now be detained and removed to France. We expect the first returns to take place imminently.

“Protecting the UK border is our top priority. We will do whatever it takes to secure our borders.”

Addressing the need to end illegal and dangerous Channel crossings, Kate Grange KC told the court that in 2024, 78 people directly linked to attempted Channel crossings died.

She added: “Just this week, two children were crushed to death in the bottom of a boat.”

The deportation of migrants under the deal with France is seemingly yet to begin.

A second Air France flight departed from Heathrow on Tuesday without any migrants on board and this follows similar scenes on Monday.

It is thought the government had booked several spaces on flights this week with the intention of returning migrants as part of the landmark deal agreed with France earlier this year.

Speaking to reporters on Tuesday, a Downing Street spokesperson said the government would “continue to do whatever it takes” to ensure the returns deal succeeded.

They added that they expected deportations to take place “imminently,” and that they were prepared to fight any further legal challenges.

The prime minister’s official spokesman denied the returns deal was a “shambles” and went on to insist the latest postponement did not show ministers were powerless in the face of the courts, adding: “As I said, we have never provided an operational running commentary on the details of the scheme.”

Under the deal, those who arrive in the UK on a small boat will be sent back to France, in exchange for accepting asylum seekers who have a British link, such as family connections.

The first asylum seekers were detained under the scheme in early August.

The deal was agreed with France one month earlier and announced while French President Emmanuel Macron was visiting the UK.

The Government has been tight-lipped about the number of migrants expected to be returned to France, but there are hopes if it gets off the ground, the deal will act as a major deterrent to those looking to cross the channel.

The number of migrants arriving in the UK after crossing the English Channel has topped 30,000 for the year so far.

It is the earliest point in a calendar year at which the 30,000 mark has been passed since data on the crossings was first reported in 2018.

Some 31,026 people have made the journey so far this year, putting 2025 on course to be a record year for crossings.