UK faces fresh High Court challenge to 'one in, one out' migrant deal as first removal proceeds

LONDON — Labour’s 'one in, one out' migrant policy faced a fresh High Court challenge Friday as an unnamed small-boat migrant prepared to oppose his removal to France under the pact. The action comes just hours after the first migrant was successfully sent back to France under the deal, the government said. An Indian man was flown from London to Paris this morning, according to people familiar with the operation.

Under the returns arrangement, the Home Office has been accepting online applications from migrants currently in France who want to come to Britain, provided they have not previously been removed and do not pose a national security or public order risk. The number admitted will equal the total removed at that point, and those admitted are likely to travel on a scheduled passenger flight, as with those deported to France. The first deportation followed three days of aborted attempts under the July deal announced by Prime Minister Keir Starmer and French President Emmanuel Macron. Home Secretary Shabana Mahmood said the move marks an important step in securing Britain’s borders and warned she would oppose last‑minute legal attempts to block removals. "This is an important first step to securing our borders. It sends a message to people crossing in small boats: if you enter the UK illegally, we will seek to remove you," she said.

The first high‑profile legal challenge on Tuesday forced ministers to pause the Eritrean man’s removal, delaying his flight by 14 days. The 25‑year‑old claimant argued he could be a victim of modern slavery; the High Court granted an injunction while his case is reviewed. The Home Office plans to appeal to shorten the injunction so the deportation can proceed. The government has also launched an urgent review of the Modern Slavery Act to curb potential misuse, according to officials.

Mahmood has condemned the last‑minute tactics used by some migrants to frustrate deportations, calling them a "mockery" of the law. Her Conservative shadow, Chris Philp, argued Labour’s leadership would struggle to enact meaningful reform given the scrutiny of human rights and other laws in immigration cases. Since the returns deal began on August 7, more than 5,400 small‑boat migrants have reached Britain. This year, 31,026 migrants have arrived, a rise of about 38 percent on the same period last year.

The policy remains a central plank of the government’s border strategy, though it has been shadowed by legal challenges and ongoing political debate. Prime Minister Keir Starmer, who previously scrapped the Rwanda plan, has said Britain will continue to work within the European Convention on Human Rights and to pursue safe, legal, and managed routes for those in genuine need of protection. The returns deal with France is intended to help manage crossings and remove migrants who do not have valid claims, but its implementation continues to hinge on court outcomes and on the pace of removals.

Analysts caution that even with the first deportation, the scale of potential challenges could keep the policy in legal limbo for months. Official estimates suggest about half of the roughly 92 migrants in Home Office custody who face removal are expected to mount similar human rights or modern slavery claims, potentially delaying multiple removals at once. As the government presses ahead, officials say they will balance legal considerations with the imperative to manage the Channel crisis and uphold international obligations. The coming weeks will determine whether the France returns pact can function at scale or remain hampered by ongoing litigation.