The Home Office has lost its bid to overturn a High Court ruling that temporarily blocked the deportation of an Eritrean man to France, dealing a blow to the Government’s flagship “one in, one out” migration deal as small boat crossings continue at record levels.
Three Court of Appeal judges rejected the Home Office’s challenge on Monday, questioning why the department was arguing that 14 days was too long for the man to prepare his case when it had originally promised him 30 days to request a review.
The unnamed 25-year-old Eritrean had been scheduled for removal to France at 9am on September 17 under the UK-France returns agreement, but Mr Justice Sheldon granted him at least a fortnight to make representations supporting his claim that he was a victim of modern slavery.
In written submissions to the Court of Appeal, Kate Grange KC, representing the Home Office, argued that the judge had erred in granting interim relief and that the decision “causes real damage to the public interest and undermines a central policy objective.
This case raises an issue of compelling public importance given the significance of the policy of removing to France under the treaty and the acute need to prevent and deter small boat journeys across the English Channel,” she told the court.
However, the appeal judges were unconvinced by the Home Office’s arguments. When Grange suggested that 48 hours rather than 14 days would have been sufficient for the man to prepare his case, Lord Justice Arnold responded: “Are you seriously submitting that a medical report can be obtained and submitted within 48 hours?”
Lady Justice Elisabeth Laing added pointedly: “It seems to be fairly black and white. You have the right to request a review of the decision.”
The case represents the first successful legal challenge against the UK-France returns agreement, which was announced in July as part of efforts to stem record numbers of Channel crossings. Under the scheme, for every migrant the UK returns to France, it accepts one asylum seeker from France who has family ties to Britain.
Despite the setback, the Home Office confirmed that one Afghan individual was returned to France on Monday afternoon, bringing the total number of returns under the scheme to four since it came into effect in August. The department had initially aimed to return around 50 people per week.
The legal defeat comes as the Government faces mounting pressure over small boat crossings, with the latest figures showing 1,072 people made the journey in 13 boats last week alone, averaging more than 82 people per vessel.
More than 30,000 people have crossed the Channel in small boats so far in 2025, marking the earliest point this milestone has been reached since records began in 2018. The previous record was set in 2022 when 46,000 people made the crossing for the entire year.
Grange told the court there was “considerable urgency” to make the returns scheme work, warning: “Winter is coming. Over the next few weeks temperatures will drop and journeys across the Channel will become more hazardous. We submit that the public interest in preventing and deterring these journeys could not be more serious or acute.”
The “one in, one out” pilot scheme was negotiated between Prime Minister Keir Starmer and French President Emmanuel Macron during the latter’s state visit to Britain in July – the first by a European leader since Brexit. Under the agreement, anyone entering the UK on a small boat can be detained immediately on arrival and returned to France, with detentions beginning on August 6.
Deputy Prime Minister David Lammy described the returns deal on Friday as an “immediate deterrent” and “a milestone,” expressing hope that deportation numbers would “grow over the coming months and years.
However, critics have questioned the scheme’s effectiveness. French NGOs working with migrants have dismissed it as largely unworkable, with Stella Bosc of L’Auberge des Migrants stating: “The purpose of this agreement is that it does not work.
UK charities have also condemned the initiative, with Griff Ferris of the Joint Council for the Welfare of Immigrants calling it a “cruel policy targeting people who come here to seek safety” and “a grim attempt to appease the racist far right.
The scheme has also faced opposition from southern European nations. Five countries have written to object to the proposal, concerned that France could use existing EU rules to pass migrants taken from the UK to their territories.
Legal experts note that whilst the interim injunction is temporary, it represents a significant check on the Government’s authority to carry out deportations under the bilateral arrangement. The case is likely to set a precedent for how claims of vulnerability, particularly trafficking claims, are assessed within the framework of the returns system.
The average number of people per boat has increased dramatically from 13 in 2020 to 54 in 2025, with smugglers using larger vessels often beyond their capacity, making accidents more likely. This year has already seen 73 deaths in the Channel – a record number and five times more than the previous year.
As winter approaches and crossing conditions become more dangerous, the Government faces the challenge of making its returns scheme operational whilst navigating legal challenges and maintaining its commitment to processing asylum claims fairly.
The Home Office said it remains committed to the scheme and intends to proceed with deportations as soon as possible, but this legal setback underscores the complexities of implementing the agreement when claims of trafficking or heightened vulnerability are involved.
With Reform UK leader Nigel Farage continuing to criticise the Government’s handling of the crisis and public concern over immigration at 51 per cent according to YouGov polling, the pressure on Starmer’s administration to deliver on its promise to “smash the gangs” and reduce crossings continues to intensify.
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Image Credit:
F-GKXZ — Airbus A320-214 of Air France (18 September 2022) — photo by DavidivardiIL, licensed under CC BY 4.0
