The Home Office has suffered a setback after the Court of Appeal rejected its bid to overturn a High Court ruling halting the deportation of an Eritrean asylum seeker under the government’s “one in, one out” migration scheme.
Three appeal judges,Lord Justice Arnold, Lord Justice Lewis, and Lady Justice Elisabeth Laing dismissed Home Secretary Shabana Mahmood’s application, upholding an earlier order granting the asylum seeker 14 days to gather further evidence for his trafficking claim.
The Eritrean man, who arrived in the UK by small boat on 12 August, was due to be sent to Paris on an Air France flight. However, Justice Sheldon delayed the removal, ruling that he must be given time to substantiate his case.
His lawyers had argued that UK trafficking rules entitled him to more time before any deportation.
Government lawyers countered that he could pursue the claim in France, but this was rejected.
The ruling, while not undermining the entire scheme, delivers a significant blow to the Home Office’s efforts to enforce it.
The “one in, one out” deal allows the UK to return migrants who cross the Channel illegally in exchange for accepting an equal number of recognised asylum seekers from France.
To date, only three removals to France have taken place, while the first transfers from France have been delayed.
Rejecting the appeal, Lord Justice Arnold stated: “The judge made no error of law or principle … none of the grounds of appeal have a realistic prospect of success.”
