Indeed, the UK-France Returns Agreement has hit an immediate legal snag. Consequently, a High Court judge issued an injunction. This action temporarily blocks a migrant’s removal. Specifically, an Eritrean man won this last-minute claim. He arrived via a small boat crossing. Therefore, his deportation to France is now on hold.
The government planned to remove him on Wednesday. This action was part of a new pilot scheme. Importantly, the UK-France Returns Agreement functions on a “one in, one out” basis. For each person returned, the UK accepts a refugee from France. However, this first legal challenge has successfully paused the process.
The man’s lawyers presented a crucial argument. They stated he needed more time. He must gather evidence showing he was a modern slavery victim. They also argued the decision was rushed. The Home Office countered fiercely. Officials said he could have claimed asylum in France already. They also warned of a domino effect. Other migrants might file similar claims, they feared.
Nevertheless, the judge found a serious issue. He stated the trafficking claim required proper investigation. This investigation constitutes a statutory bar to removal. Therefore, he granted a temporary block. The man’s lawyers now have fourteen days. They must submit further representations.
Government ministers quickly responded. Science Secretary Liz Kendall called it an interim judgement. She insisted it involved only one individual. Moreover, she said the deal would absolutely continue. She affirmed the Home Secretary’s determination. The government expects returns to happen imminently.
Critics, however, see significant problems. A former Home Office adviser noted the selection process. The government chose very recent arrivals. Consequently, officials lacked time to investigate their backgrounds properly. A solicitor described the approach as arbitrary and chaotic. She emphasized the importance of due process.
Meanwhile, political reactions were strong. Conservative leader Kemi Badenoch said, “we told you so.” She called for tougher laws. Reform UK leader Nigel Farage criticized the scheme’s math. He noted “one in, one out” still means a net increase.
Over thirty thousand people have crossed this year. This number is a record high for this point in the year. The UK-France Returns Agreement aims to address this. Now, its implementation faces serious legal scrutiny. The government remains publicly confident. However, this ruling undoubtedly questions the scheme’s practicality. The future of the UK-France Returns Agreement now depends on forthcoming legal battles.
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