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British judges temporarily blocked the government from sending asylum seekers across the English Channel back to France, delaying the initial deportation under an agreement between London and Paris.
The 25-year-old Eritrea man was scheduled to leave the UK on commercial flights on Wednesday.
However, after his lawyer appealed, High Court Judge Clive Sheldon granted “a short period of interim relief,” so he can present evidence in support of his claim that he is a victim of human trafficking.
Interior Secretary Shabana Mahmood’s lawyer argued that men who could not be identified for legal reasons should and should have sought asylum in France.
“It appears to me that there are serious issues that need to be brought to justice regarding trafficking claims and whether the Secretary of State has legally fulfilled his investigative obligations,” the judge said.
The ruling is a setback in Prime Minister Kiel Starmer’s efforts to stop people crossing the waterways from France with small boats.
Mahmoud said the government will appeal the decision. Despite the court’s ruling, the first removal to France is expected to take place this week.
“I can’t stand last-minute attempts to frustrate removal and I will fight them at every stage,” Mahmud said.
“The immigrants suddenly decided that they were modern slaves the night before their removal and they had never made such a claim before, so they chuckled at our laws and the generosity of this country.”
Over 30,000 people have reached intersections so far this year, down from the 37,000 people arriving last year.
Dozens have died in recent years as they attempted to cross one of the busiest transport lanes in the world with overcrowded dinghy.
Priority scrapped the controversial plan of the previous conservative administration to send migrants who crossed the channel on a one-way trip to Rwanda.
Instead, he fixed his hopes on a contract with Paris and sent people to France in return for accepting asylum seekers who had family ties to France.
British officials have suggested that the “One, One Out” plan is a major breakthrough despite the first programme involving a limited number of people.
The government is also considering speeding up handling of asylum claims. Authorities have housed tens of thousands of migrants awaiting decisions at the hotel at public expense, and the hotel is at a flashpoint in protest.
Additional sources •AP