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.
Moe than 30,000 people have made the crossing so far this year, after 37,000 in 2024. Dozens have died in recent years trying to cross one of the world’s busiest shipping lanes in overcrowded dinghies.
U.K. 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.
Cabinet Minister Liz Kendall said the court decision was disappointing but would not stop the agreement going ahead.
“This is one person. It is not going to undermine the fundamental basis of this deal,” she said.