An Eritrean migrant has won a last-minute court ruling that stopped his deportation to France under the United Kingdom’s new “one in, one out” migrant returns deal. The 25-year-old man, who arrived in the UK by small boat, was set to be removed on Wednesday as part of the pilot scheme agreed between Prime Minister Keir Starmer and French President Emmanuel Macron.
The High Court in London granted the injunction after his lawyers argued that he may be a victim of modern slavery and that his case was being rushed without proper checks. Mr Justice Sheldon ruled there was a “serious issue to be tried” about whether the Home Secretary had investigated the trafficking claim correctly. The ruling delays his removal for at least 14 days while more evidence is prepared.
Government lawyers argued that the Eritrean man should have claimed asylum in France, where he had lived before travelling to the UK. They warned that such delays could set a precedent, encouraging other migrants to use legal challenges to block deportations.
Science Secretary Liz Kendall said the judgment was only an interim decision and stressed that the UK government remains committed to its agreement with France. She added that people arriving illegally would still face deportation despite this case.
Immigration experts, however, have said the ruling exposes major challenges in carrying out the new policy. Critics argue the government picked recent arrivals for deportation without allowing enough time to check individual backgrounds, making legal obstacles more likely. Former Home Office adviser Danny Shaw said the case showed how trafficking claims and human rights laws could complicate the returns system.
Court papers revealed that the man left Ethiopia two years ago, reached Italy in April 2025, and later moved to France, where he was supported by charities including the Red Cross. His mother paid smugglers to help him cross the Channel into Britain.
The “one in, one out” deal was announced in July 2025 to deter Channel crossings. It allows the UK to return migrants who arrive illegally while admitting the same number of vulnerable refugees through safe legal routes. So far, no deportations have taken place, but the first flights were expected to start this week.
More than 30,000 people have already crossed the Channel in small boats this year, the fastest pace since records began in 2018. Critics such as Nigel Farage say the deal will not reduce overall migration, while Conservative leader Kemi Badenoch has called for tougher laws to prevent the UK from becoming what she described as a “refuge for anyone unhappy in their own country.”
The case is seen as the first major legal challenge to the migrant returns deal. While the government insists the agreement with France is on firm legal ground, the ruling has shown how individual trafficking claims could complicate removals. The outcome of this case may shape the way the new system is enforced in the months ahead.