Home Office Loses Appeal in Key Migrant Removal Case

The Home Office loses appeal today in a significant legal challenge. Consequently, a court order blocking a migrant’s removal to France will stand. This ruling is a notable setback for the government. Specifically, it affects the new “one in, one out” returns agreement with France.

A Court of Appeal decisively refused the government’s bid. Senior judges upheld a temporary injunction from the High Court. This injunction prevents the removal of a 25-year-old Eritrean man. The man arrived in the UK on a small boat in August.

Therefore, the High Court initially granted the man a reprieve. Importantly, they gave him fourteen days to make his case. He claims to be a victim of modern slavery. The Home Office argued the injunction undermined their new policy. However, the Court of Appeal disagreed. They ruled the initial judge acted correctly.

Furthermore, the case hinges on a specific contradiction. Home Office officials had told the man he could pursue his claim from the UK. Therefore, attempting to remove him contradicted their own advice. The judges focused on this unusual situation. Clearly, the Home Office loses appeal arguments based on this internal inconsistency.

Moreover, government lawyers expressed strong concern. They said the ruling causes “real damage to the public interest”. They also argued it undermines a central policy objective. There is “considerable urgency” due to increased small boat crossings. The government cited recent tragic deaths on an overcrowded boat.

The man’s legal team welcomed the decision. They argued his case deserved consideration on its own facts. This specific ruling does not block the entire returns scheme. Nevertheless, the Home Office loses appeal efforts in this specific instance.

The “one in, one out” scheme was announced in July. Prime Minister Keir Starmer and President Emmanuel Macron agreed to it. France will accept migrants who crossed the Channel by small boat. Their asylum claims must be withdrawn or inadmissible. In return, the UK accepts a refugee from France for each person sent back.

Despite this ruling, the government continues other removals. Officials have already sent four individuals to France under the pact. An Indian national was the first person removed. Then another Eritrean man followed, despite a legal challenge. An Iranian and an Afghan man were also returned recently.

The outcome of this case confirms the Home Office loses appeal. This legal defeat highlights the complexities of the new policy. The government remains committed to its channel crossings strategy. However, each case will likely face intense legal scrutiny. The public and policymakers will watch closely for future developments.

For more political updates, visit London Pulse News.