Home Office to appeal temporary block on man's deportation under 'one in, one out' plan

The new home secretary has hit out at the High Court's decision to temporarily block the deportation of an asylum seeker back to France, describing it as an "intolerable" move that will be appealed.

An Eritrean man, who can't be named for legal reasons, was due to be on a flight to France on Wednesday morning, but was allowed to stay after bringing a claim against the Home Office.

Speaking for the first time since a judge ruled in the migrant's favour on Tuesday, Shabana Mahmood said: "Last minute attempts to frustrate a removal are intolerable, and I will fight them at every step."

She vowed to "robustly defend the British public's priorities", and said the Home Office would appeal the decision.

The Modern Slavery Act will also be reviewed, Ms Mahmood said

"Migrants suddenly deciding 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," she added.

Why was the deportation blocked?

The man would have been the first person to be returned to France under the terms of a "one in, one out" deal the British government signed in July.

Sir Keir Starmer had hoped the agreement - which would see the UK send asylum seekers who have crossed the Channel back to France in exchange for legal migrants with links to Britain - would prove more resilient to court challenges than the Tories' Rwanda plan.

Last month, the first migrants earmarked for removal via the scheme were detained.

But lawyers acting on the Eritrean man's behalf said his case "concerns a trafficking claim", and faces a risk of "destitution" should he be deported.

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

Mr Justice Sheldon ruled that while there did not appear to be a "real risk" the man would be destitute in France, the trafficking claim required further interrogation.

What happens next?

Lawyers acting for the man have 14 days to provide proof for their claim that he has been trafficked to the UK.

The Home Office has insisted the first deportation flight will still take place this week.

But the Tories aren't convinced it will work out. Shadow home secretary Chris Philp said: "No one is fooled by tough talk from Labour. They will never do the hard work needed to tackle the lawfare that blocks removals."

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Reform UK has repeatedly criticised the policy and hit back at the home secretary following her statement.

Zia Yusuf, the party's head of policy, said: "These are empty words from a home secretary who is out of her depth.

"Without a total legal reset, including leaving the ECHR [European Convention on Human Rights] and disapplying international treaties like the 1951 Refugee Convention, activist lawyers will continue abusing the legal system to prevent deportations."

(c) Sky News 2025: Home Office to appeal temporary block on man's deportation under 'one in, one out' plan