An Eritrean man is set to be deported to France under Sir Keir Stormers “One In, One Out” scheme Friday after a legal bid at the last minute failed.
The Supreme Court’s decision came a few hours after the home office returned the first migrant under the deal.
The man who has not been identified in litigation must be deported at 1 p.m. 06:15 on Friday. The man said he is a victim of human trafficking, but the home office claimed that there was not enough evidence for him to qualify for modern slavery -support.
Sitting with the Home Office, Mr. Justice Sheldon said he did not accept the argument that the migrant “had been denied procedural justice” because of the speed of his decision on trade in claims.
“In my opinion, the Secretary of State had sufficient information to make the decision to reconsider,” he said on Thursday afternoon. Mr. Justice Sheldon said it was open to the home secretary to conclude that the Eritrean’s account of his modern slavery “could not reasonably be assumed”.
The judge said it was “clear” that the migrant would have the opportunity to submit a demand for human trafficking in France.
A preliminary doctor -report indicated that the asylum seeker could be a victim of human trafficking because of the route he took through Libya, Sonali told Naik KC the court on behalf of the migrant.
The Eritrean has said he was kidnapped and forced to work in Libya, heard the court. The Home Office said that France can consider demands from people who say they were traded outside France.
Mrs. Naik KC said that the scheme reduced to deal with modern slavery victims in France does not correspond to Britain’s support scheme, called national referral mechanism.
The case comes after the first migrant was removed during the UK-France Treaty, Landing in Paris on Thursday morning. By announcing the news of return, Home Secretary Shabana Mahmood said: “This is an important first step to securing our boundaries. It sends a message to people crossing in small boats: If you enter the UK illegally, we will try to remove you.”
Shadow Home Secretary Chris Philp said Labor “should come clean” and clarify if removal was voluntary. He added: “Since Labor announced that their returns that the mentioned 9,909 illegal immigrants have crossed the channel and we have to celebrate a lonely return?”
Another Eritrean asylum seeker managed to stop his deportation to France on Tuesday night after a Supreme Court judge allowed him to respond to a negative modern slavery decision.
The Home Office had decided that there was not enough evidence that the 25-year-old Eritrean was a victim of human trafficking, but the judge allowed him 14 days to try to reject the decision.
In an attempt to prevent further delays, asylum seekers to be removed under the “One In, One Out” agreement with France will be blocked to challenge decisions on home office about their modern slavery requirements after the home secretary changed the modern slavery guidance.
Instead, if they want to challenge the decision, their only use will be through litigation from another country, including France.
However, Mrs. Naik KC told the Eritrean man on Thursday that the change was made too late to apply for Thursday’s case, and it also made the situation more serious as “no one comes back” if the man is sent to France.
“So much more important is the remedy now … because there is no reconsideration. When you’re gone, you’re gone,” she said.
Sian Reeves, who represented the home office, said that France had a “mirror approach” to the United Kingdom by dealing with modern slavery requirements. “Requirements for human trafficking can be investigated in France. His rights are protected in France,” she added.
Charity Medical Justice, who has provided support to asylum seekers detained under the France scheme, said that remote directions have been canceled for five of their clients so far.
Prison action-in the moment 28 people withheld under the UK-France Return Agreement-estimated that four of them had removal directions planned between Monday and Wednesday, all of which were canceled or postponed without any further date.
Two people that the charity supports have their removals scheduled for later this week or early next week. Of the 28, seven people have indicators of human trafficking, but only one has so far referred to modern slavery -support.
A medical justice spokesman said: “The vast majority of our clients who are detained for the ‘one-in-one-out’ have stories of trauma, such as torture and trade, which are common among those who take the dangerous journeys from their countries.
“Disclosure is not helped by the fact that our clients have been interviewed in the middle of the night; they are disoriented after many hours of sleep and no food, shortly after an often worrying journey across the channel. Not surprisingly, these terrible conditions can affect the answers to questions in the interview.”
They added that vulnerable asylum seekers often do not recognize the terminology used in interviews.