Sam FrancisPolitical reporter
PA MediaThe Home Secretary has vowed to fight “vexatious, last-minute claims” after the deportation of an Eritrean man under the UK-France migrants returns deal was temporarily blocked.
On Tuesday, the High Court granted the man, who cannot be named for legal reasons, a “short period of interim relief” ahead of his deportation to France, which was sceduled for 09:00 BST on Wednesday under the “one in, one out” pilot scheme.
Speaking after the High Court decision, Shabana Mahmood said “last minute attempts to frustrate a removal are intolerable”.
The man, who arrived in the UK by small boat last month, argued he was a victim of modern slavery in an appeal made just hours before his flight.
In the first High Court challenge to the “one in, one out” scheme, the Eritrean man’s lawyers argued he needed more time to present evidence that he might have been the victim of modern-day slavery – and the decision to remove him had been rushed.
The injunction raises serious questions about whether other migrants allocated to flights will use the same grounds to delay or block their removal.
The Home Office is set to appeal against the decision and is reviewing the Modern Slavery Act to ensure it is not being misused.
Lawyers for the Home Office had argued that he could have claimed asylum in France. They added that delaying his departure could encourage others allocated to the return flights this week to make similar claims, and undermine the public interest in deterring lethal small boat crossings.
Mahmood said: “Migrants suddenly deciding that they are a modern slave on the eve of their removal, having never made such a claim before, make a mockery of our laws and this country’s generosity.
“I will fight to end vexatious, last-minute claims. I will robustly defend the British public’s priorities in any court. And I will do whatever it takes to secure our border.”
The deal with France was seen by the previous home secretary, Yvette Cooper, as one of her landmark policy achievements. It is now the job of her successor, Mahmood, to make it work.
Ministers agreed the “one in, one out” pilot deal with France in July to curb record small boat crossings this year.
The latest setback follows reports that the first flights to France left empty on Monday and Tuesday. Despite this, the first removals of migrants to France under the pilot scheme are still expected to go ahead this week.
Under the deal, the UK will send asylum seekers who have crossed the Channel back to France, in exchange for those who apply and are approved to come to Britain.
France has reportedly said it will only accept a small initial contingent of deportations, while the UK has said it hopes to increase numbers over the course of the scheme in an effort to stop small boat crossings in the Channel.
