Starmer faces fresh pressure over returns deal after blocked deportation

Sir Keir Starmer is facing renewed pressure over his “one in, one out” migrant returns deal with France after an Eritrean man won a last-minute High Court bid to temporarily block his deportation.

The man, who cannot be named for legal reasons, had been due to be removed on a flight at 9am on Wednesday, but will remain in the UK after a judge granted him a “short period of interim relief”.

Lawyers acting on his behalf said the case “concerns a trafficking claim” and that her client, who alleges he has a gunshot wound in his leg, claims he is vulnerable and faces a risk of “destitution” in France.

The Home Office defended the case, saying that it was reasonable to expect the man to claim asylum in France.

Mr Justice Sheldon said on Tuesday evening: “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.”

He said based on the arguments made in court, it did not seem to him that there was a “real risk” that the man would “suffer destitution if he was to be returned to France”.

The judge added that the case “should come back to this court as soon as is reasonably practical in light of the further representations that the claimant … will make on his trafficking decision.”

Tory leader Kemi Badenoch said her message to ministers was “we told you so”, while shadow home secretary Chris Philp called the returns scheme “another failed gimmick from this weak Government”.

Mr Philp added: “On Monday I told the new Home Secretary in Parliament that unless they disapply the Human Rights Act for immigration cases, their meagre returns deal would collapse in court.

“She refused to listen, and here is the predictable result.”

Reform UK leader Nigel Farage claimed that the Government was “not telling the truth” about its immigration plans, adding: “Even if the policy worked, one in, one out, and with another one in, still means plus one for everyone that crosses the Channel.”

The latest setback comes after reports suggested the first flight carrying Channel migrants back to France under the returns scheme had not taken place as planned.

The Air France flight went ahead without any asylum seekers on board on Monday, according to The Times.

Earlier on Tuesday, Downing Street denied the returns scheme was a “shambles” and rejected suggestions that the postponement showed ministers were powerless in the face of the courts.

On Tuesday afternoon, No 10 insisted that it still expected removals under the agreement to begin “imminently”.

The Home Office has been contacted for comment following the High Court decision.

The pilot scheme was agreed by Prime Minister Sir Keir and French President Emmanuel Macron in July, in order for the UK to send back to France asylum seekers who have crossed the Channel, 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.