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A British judge temporarily blocked the government from sending an asylum-seeker who crossed the English Channel back to France, delaying the first deportation under an agreement between London and Paris.
The 25-year-old Eritrean man was due to leave Britain on Wednesday on a commercial flight.
But after his lawyers appealed, High Court judge Clive Sheldon granted “a short period of interim relief” so the man can present evidence to support his claim that he is a victim of human trafficking.
Lawyers for Home Secretary Shabana Mahmood argued that the man, who can’t be identified for legal reasons, could and should have sought asylum in France.
“It seems to me there is a serious issue to be tried with respect to the trafficking claim and whether or not the secretary of state has carried out her investigatory duties in a lawful manner,” the judge said.
The ruling is a setback for Prime Minister Keir Starmer’s efforts to stop people crossing the channel from France in small boats.
Mahmood said the government would appeal the decision. Despite the court ruling, the first removals to France are expected to take place this week.
“Last-minute attempts to frustrate a removal are intolerable and I will fight them at every step,” 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.”
More than 30,000 people have made the crossing so far this year, a decrease on the 37,000 who arrived last year.
Dozens have died in recent years trying to cross one of the world’s busiest shipping lanes in overcrowded dinghies.
Starmer scrapped the previous Conservative administration’s contentious plan to send migrants who crossed the channel on a one-way trip to Rwanda.
Instead, he has pinned hopes on a deal with Paris to send some people who cross back to France, in return for accepting some asylum-seekers currently in France who have family ties to Britain.
UK officials have suggested the “one in, one out” plan is a major breakthrough, despite the initial program involving a limited number of people.
The government is also looking to speed up the processing of asylum claims. Officials have housed tens of thousands of migrants awaiting decisions in hotels at public expense and the hotels have become flashpoints for protests.
Additional sources • AP