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Migrant returned to France after government wins court challenge Migrant returned to France after government wins court challenge
(32 minutes later)
Video shows a group of migrants boarding a boat near Gravelines in France
An Eritrean man has been flown out of the UK under the government's "one in, one out" deal with France, after a last-minute court bid to delay the departure failed.An Eritrean man has been flown out of the UK under the government's "one in, one out" deal with France, after a last-minute court bid to delay the departure failed.
The judgement came hours after the Home Office tightened the rules around human trafficking claims to make it harder for migrants to resist being sent to France - marking the first time ministers won a legal challenge against removing someone under the scheme. The Home Office tightened the rules around human trafficking claims to win Thursday's case - the first time ministers won a legal challenge against removing someone under the scheme.
Earlier this week, the removal of another migrant was temporarily blocked after lawyers argued he needed more time to present evidence that he might have been the victim of modern-day slavery. Earlier this week, the removal of another migrant was temporarily blocked, though later an Indian national did become the first person to be sent to France under the pilot scheme, in a case without a legal challenge.
On Thursday, an Indian national became the first person to be sent to France, in a case that did not involve a legal challenge. The UK and France have agreed a year-long scheme of exchanges of migrants to deter small boat crossings - although three more boats were seen leaving France on Friday morning as winds eased.
Friday's flight saw the man accompanied by Home Office officials on an Air France flight from Heathrow Airport and handed over to police in Paris.Friday's flight saw the man accompanied by Home Office officials on an Air France flight from Heathrow Airport and handed over to police in Paris.
On the same morning, at least three boats carrying migrants left beaches in France following an improvement in the weather after a week of windy conditions. He told the BBC he felt "very bad" to be back in France, and when asked what he intended to do now, said "I don't know" before being led away to a separate part of the airport.
It comes a little over a month since the UK and France agreed the year-long pilot scheme of exchanges of migrants in the hope of deterring small boat crossings. French officials told the BBC he would be taken to a migrant accommodation centre. Under French rules, he will have eight days to either claim asylum in France or return to his home country.
The "one in, one out" deal is intended to deter people from turning to smugglers to cross the Channel because of the risk they could be sent back.The "one in, one out" deal is intended to deter people from turning to smugglers to cross the Channel because of the risk they could be sent back.
It proposes that, for each migrant the UK returns to France, another migrant with a strong case for asylum in the UK will be allowed to come in return, the first of whom is expected in the coming days.It proposes that, for each migrant the UK returns to France, another migrant with a strong case for asylum in the UK will be allowed to come in return, the first of whom is expected in the coming days.
First migrant deported to France under 'one in one out' dealFirst migrant deported to France under 'one in one out' deal
Why do Channel migrants want to come to the UK?Why do Channel migrants want to come to the UK?
How many people cross the Channel in small boats?How many people cross the Channel in small boats?
The man who was removed on Friday wore a white hoodie as he sat with three officials wearing Home Office passes at the back of the plane, according to a BBC reporter on the flight. The Eritrean man removed on Friday said he had slept rough in France before making his way to Dunkirk for the crossing to England.
He told the BBC he felt "very bad" to be back in France, and when asked what he intended to do now, said "I don't know" before being led away to a separate part of the airport. The Eritrean man removed on Friday arrived in England on a small boat in August, and told an emergency High Court hearing he had fled his home in 2019 because of forced conscription.
It was a mixed week for the government as it tries to show voters it has a grip on immigration. He said he spent time in Ethiopia, South Sudan and Libya before coming to Europe, where he slept rough in France for a time before making his way to Dunkirk.
Speaking on BBC Radio 5 Live Breakfast, Business and Trade Secretary Peter Kyle said: "These are the first steps and we will be ramping up from here." The second removal of a migrant to France is legally far more significant for the government's strategy than the failure on Tuesday to win permission for a flight to leave.
The Eritrean man said he had slept rough in France before making his way to Dunkirk to try to cross to England. In that case, a 25-year-old Eritrean man won a temporary reprieve because the Home Office slavery assessment team, who rejected his case, said he could make further representations.
The Eritrean man removed on Friday arrived in England on a small boat in August. Home Secretary Shabana Mahmood then told officials to make clear that anyone who has been turned down for protection as a victim of slavery could continue their claim after being put on a flight to a safe country.
In a ruling after a three-hour emergency hearing on his case on Thursday, the presiding judge said there was no legal justification to delay the transport of the unnamed man. That saw the court rule there was no reason to stop Friday's removal flight. The judge, Mr Justice Sheldon, said France was a safe country abiding by the same safeguards as the UK under the European Convention of Human Rights.
He said he fled his home country in 2019 because of forced conscription - and he spent time in Ethiopia, South Sudan and Libya before coming to Europe. He said there was no evidence that a migrant sent there would be treated unfairly - and if he were, he had a legal route to return to the UK by continuing his claim from there.
He added that he had lived in France, sleeping rough, and eventually made his way to Dunkirk to try to cross to England. The ruling was in stark contrast to the failed £700m Rwanda plan under the last government, in which the Supreme Court ruled that the African country could not be considered to be safe at all, because of human rights abuses.
But in his ruling, Mr Justice Sheldon noted the man had given differing accounts of his allegations of trafficking, and so it was open to the home office to conclude that "his account of trafficking could not reasonably be believed". The judge then added that it was in the public interest for the flight to depart because it was part of a policy to disrupt criminal smuggling gangs who were posing a serious risk to life.
The Home Office's new policy on handling modern day slavery claims means that a migrant who is refused protection in the UK because they have suffered slavery or trafficking may only challenge that decision after they have been flown out of the country. His ruling strengthened the Home Office's hand and added to another so-far unreported case from last week. In that earlier one, a specialist immigration tribunal judge said there was no evidence that France would not properly treat and care for victims of trafficking. The case concerns a stateless Palestinian who arrived on a small boat in August but as of Friday, had had not yet been put on a flight.
The rule change also came after a different Eritrean man facing a return to France won a temporary delay on modern slavery grounds. The government said it would appeal against that decision.
On Thursday, US President Donald Trump weighed in on illegal immigration to the UK at the end of his state visit.On Thursday, US President Donald Trump weighed in on illegal immigration to the UK at the end of his state visit.
During a press conference with Prime Minister Sir Keir Starmer, he suggested using the military to combat small boat crossings.During a press conference with Prime Minister Sir Keir Starmer, he suggested using the military to combat small boat crossings.
Sir Keir countered by affirming that the UK had "a number of cooperation deals with other countries" in place and that the government is taking the issue "incredibly seriously".Sir Keir countered by affirming that the UK had "a number of cooperation deals with other countries" in place and that the government is taking the issue "incredibly seriously".
Home Secretary Shabana Mahmood said the first return under the UK-France scheme demonstrated to people attempting small boat crossings "if you enter the UK illegally, we will seek to remove you". Speaking to BBC Breakfast, Trade Secretary Peter Kyle said there was already a "functional relationship" between the Navy and UK Border Force.
He added: "What we really need at the minute is our military focus on all those key issues around the world directly relating to our national defence".
Kylie said this week's removals were "the first steps and we will be ramping up from here".
Neither the UK or French governments have suggested the plan will smash the crossings on its own.Neither the UK or French governments have suggested the plan will smash the crossings on its own.
The Home Office says that more flights are planned in the coming days, but it is not clear how many passengers will be booked on to each one because of ongoing legal challenges - or threats of them.
Around 100 men are currently in immigration removal centres near Heathrow under the scheme. Each one was detained after arriving in the UK on a small boat and told they were potentially eligible to be returned to France.Around 100 men are currently in immigration removal centres near Heathrow under the scheme. Each one was detained after arriving in the UK on a small boat and told they were potentially eligible to be returned to France.
Around 5,590 migrants have reached the UK since the scheme came into effect at the start of August.Around 5,590 migrants have reached the UK since the scheme came into effect at the start of August.