By Anahita Hossein-Pour

Copyright standard

A High Court decision temporarily blocking the deportation of an Eritrean man will not prevent the Government’s “one in, one out” deal with France going ahead, a Cabinet minister has said.

The Government is facing fresh pressure over the migrant returns agreement, which is yet to send any migrants back to France since it came into force last month.

On Tuesday, the High Court granted the Eritrean man, who cannot be named for legal reasons, a “short period of interim relief” ahead of his deportation to France scheduled for a 9am flight on Wednesday.

Liz Kendall, the Technology Secretary, told Times Radio she would not comment on “operational details”, but said: “This is one person, it is not going to undermine the fundamental basis of this deal.

“This decision is disappointing, but it won’t prevent the rest of that deal going ahead.”

Lawyers acting on the man’s behalf said the case “concerns a trafficking claim” and her client, who alleges he has a gunshot wound in his leg, claims he is vulnerable and faces a risk of “destitution” in France.

The Home Office defended the case, saying it was reasonable to expect the man to claim asylum in France.

Mr Justice Sheldon said on Tuesday evening: “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.”

He said based on the arguments made in court, it did not seem to him that there was a “real risk” the man would “suffer destitution if he was to be returned to France”.

The judge added that the case “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”.

Conservative leader Kemi Badenoch said her message to ministers was “we told you so”, while shadow home secretary Chris Philp called the returns scheme “another failed gimmick from this weak Government”.

Mr Philp added: “On Monday I told the new Home Secretary in Parliament that unless they disapply the Human Rights Act for immigration cases, their meagre returns deal would collapse in court.

“She refused to listen, and here is the predictable result.”

Reform UK leader Nigel Farage claimed the Government was “not telling the truth” about its immigration plans, adding: “Even if the policy worked, one in, one out, and with another one in, still means plus one for everyone that crosses the Channel.”

The latest setback comes after reports suggested the first flights planned to remove those back to France under the deal departed without any migrants on board on Monday and Tuesday.

Earlier on Tuesday, Downing Street denied the returns scheme was a “shambles” and rejected suggestions the postponement showed ministers were powerless in the face of the courts.

Following the High Court’s interim ruling, a Home Office spokeswoman said: “Under the new UK-France Treaty, people crossing in small boats can now be detained and removed to France. We expect the first returns to take place imminently.

“Protecting the UK border is our top priority. We will do whatever it takes to secure our borders.”

The pilot scheme was agreed by Prime Minister Sir Keir and French President Emmanuel Macron in July, in order for the UK to send back to France asylum seekers who have crossed the Channel, 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 in an effort to stop small boat crossings in the Channel.