Human rights groups say the government risks breaching international law by denying people the right to claim asylum.
Published On 16 Sep 2025
A British court has temporarily blocked the deportation of an asylum seeker to France, dealing an early setback to Prime Minister Keir Starmer’s plan to return people who arrive in the United Kingdom on small boats.
The 25-year-old Eritrean man, who cannot be named for legal reasons, crossed the English Channel on August 12 and was due to be removed on Wednesday under a “one in, one out” pilot scheme agreed between the UK and France in July.
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But on Tuesday, London’s High Court granted him an interim injunction preventing his removal, pending a full hearing of his trafficking claim.
Judge Clive Sheldon ruled: “I am going to grant a short period of interim relief. The status quo is that the claimant is currently in this country and has not been removed.
“So, I make an order that the claimant should not be removed tomorrow at 9am, but that this matter should come back to this court as soon as is reasonably practical in light of the further representations that the claimant … will make on his trafficking decision.”
“The removal takes place against the backdrop of the recently signed agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the French Republic.
“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 case follows a decision by the UK’s National Referral Mechanism (NRM) – which identifies and assesses victims of slavery and human trafficking – asking the man to submit further evidence in relation to his claim.
The ruling is a setback for Prime Minister Starmer, who has made stopping small boat crossings central to his government’s agenda.
His approach has drawn criticism from rights groups, who accuse him of bowing to pressure from the far right following attacks on asylum-seeker accommodation.
The UK-France scheme is also seen by analysts as part of the government’s attempt to blunt the growing support of the anti-immigrant Reform UK party, which has been climbing in opinion polls.
Under the plan, people arriving in Britain would be returned to France, while the UK would accept an equal number of recognised asylum seekers with family ties in Britain.
Downing Street has defended the plan, calling it a “fair and balanced” system designed to reduce irregular migration.
It insisted it expects deportations to begin “imminently”, with the prime minister’s official spokesman saying “for obvious reasons we’re not going to get into a running commentary on operational details before that”.
Human rights groups say the government risks breaching international law by denying people the right to claim asylum in the UK.
