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An Eritrean man can be deported under the government’s ‘one in, one out’ scheme, a High Court judge has ruled.
It’s the second case to come before the High Court this week – in the first, separate, case another man’s deportation was temporarily blocked.
Lawyers acting for the migrant in today’s case said he was due to be deported at 6.15am on Friday morning, but argued he had a “number of different medical needs” and that he has been a “victim of trafficking”.
Mr Sheldon said the Home Office had provided “material to say that France does deal with trafficking in more or less the same way as this country”.
Sonaili Naik KC, representing the migrant, also told the High Court that her client’s case had been rushed.
She said: “They have just simply expedited a decision, for the purposes of trying to rush to maintain a removal.”
The same judge temporarily blocked another migrant from being deported on Tuesday night, in a move the Home Secretary Shabana Mahmood called “intolerable” and vowed to “fight”.
This decision also led to the Home Office revising its policy on reconsidering modern slavery decisions, so that anyone removed to a safe country who wants to appeal against a National Referral Mechanism (NRM) decision – which identifies and assesses victims of slavery and human trafficking – will now be unable to do so.
Instead, they can now appeal via judicial review from another country, such as France.
Ms Naik told the High Court this afternoon: “The secretary of state [Ms Mahmood] has today come to this court to say, without notice to the claimant, that the procedures in France are fine, it is all safe, no problems, the trafficking claims will be dealt with.
“Our prima facie case is that the secretary of state needs assurances from France that that is the case, that non-French nationals trafficked in Libya will have access to the NRM there.”
But Sian Reeves, for the Home Office, responded that there was “no arguable public law error” in the way…
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