Mahmood vows to fight blocks against migrant deportations

The home secretary has vowed to fight “vexatious, last-minute claims” after the deportation of an Eritrean man under the UK-France migrants returns deal was temporarily blocked.

On Tuesday, the High Court granted the man, who cannot be named for legal reasons, a “short period of interim relief” ahead of his deportation to France, which was sceduled for 09:00 BST on Wednesday under the “one in, one out” pilot scheme.

Speaking after the High Court decision, Shabana Mahmood said “last minute attempts to frustrate a removal are intolerable”.

The man, who arrived in the UK by small boat last month, argued he was a victim of modern slavery in an appeal made just hours before his flight.

In the first High Court challenge to the “one in, one out” scheme, the Eritrean man’s lawyers argued he needed more time to present evidence that he may have been the victim of modern-day slavery – and that the decision to remove him had been rushed.

The injunction raises questions about whether other migrants designated for deportation through the scheme could use similar grounds to delay or block their removal.

A policy of deporting migrants to Rwanda put forward by the Conservatives under the last government became bogged down in repeated legal challenges before being cancelled by Prime Minister Sir Keir Starmer when he came into office.

The Home Office is set to appeal against the decision and is reviewing the Modern Slavery Act to ensure it is not being misused.

Lawyers for the Home Office had argued that the man 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 would undermine the public interest in deterring deadly small boat crossings.

Mahmood said: “Migrants suddenly deciding that 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.

“I will fight to end vexatious, last-minute claims. I will robustly defend the British public’s priorities in any court. And I will do whatever it takes to secure our border.”

The deal with France was seen by the previous Home Secretary Yvette Cooper as one of her landmark policy achievements. It is now the job of her successor to make it work.

Ministers agreed the “one in, one out” pilot deal with France in July to curb record small boat crossings this year.

Under the deal, the UK will send asylum seekers who have crossed the Channel back to France, 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.

The latest setback follows reports that the first flights to France left empty on Monday and Tuesday.

Despite this, the first removals of migrants to France under the pilot scheme are still expected to go ahead this week.