An Eritrean man who arrived in the UK by small boat has won a last-minute legal claim to temporarily block his removal to France.
The 25-year-old was due to be returned on Wednesday under the one in, one out returns pilot scheme agreed in July between the UK and France.
In the first legal challenge against the deal, in the High Court in London, his 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.
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.
But during the hearing, it emerged that while the home secretary's own officials had rejected his claim that he was a victim of slavery, they had also said in a letter today that he had a right to make further representations – and they would not expect him to do that from France.
Mr Justice Sheldon, who rejected the man's claim that he would be left homeless and destitute in France, said that he would nevertheless have to temporarily block the man's departure in light of that development.
There is a serious issue to be tried in relation to the trafficking claim and whether or not the Secretary of State has carried out her investigatory duties in a lawful manner, he said.
If there was a reasonable suspicion that he was trafficked - and that does not mean trafficked in or from France - that would amount to a statutory bar to removal for at least a short period of time.
The judge said the man's lawyers must do all that is possible to make further representations within 14 days, so that his case can be finalized at a future hearing.
A spokesperson for the Home Office told the BBC that the government expected the first returns to take place imminently and that the interim ruling would not prevent delivery of the wider policy.
Kemi Badenoch responded to news of the injunction with we told you so. Speaking to LBC, the Conservative leader called for some tough laws and said we are basically turning our country into a refuge for anyone who may have even the slightest bit of unhappiness in any other country.
Reform leader Nigel Farage said that even if the policy worked, it would not lead to lower migration numbers as one in, one out, and with another one in, still means plus one for everyone that crosses the Channel.
Papers logged at the High Court show that the man, who cannot be named for legal reasons, left Ethiopia for Europe two years ago, arriving in Italy in April 2025. He was assisted by charities including the Red Cross before his mother paid $1,400 (£1,024) to smugglers for his Channel crossing to the UK. More than 30,000 people have crossed the Channel in small boats so far this year. It is the earliest point in a calendar year this figure has been passed since data on crossings was first reported in 2018.
The one in, one out scheme was announced by Prime Minister Keir Starmer and French President Emmanuel Macron in July. Under the treaty, France agreed to take back migrants who had travelled to the UK by small boat and had their asylum claim withdrawn or declared inadmissible. For each person returned to France, the UK would accept someone with a case for protection as a refugee who has not attempted to cross the Channel.
No one has yet been removed under the scheme, and the first returns to France had been expected to begin from Tuesday. The government is confident in the legal basis for this pilot, stating they are prepared to respond to any legal scrutiny that occurs.
