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

The Home Office faced a fresh High Court challenge to its 'one in, one out' migrant deal with France on Friday afternoon, as an unnamed small-boat migrant prepared to oppose removal under the arrangement. The government said the first deportation had already taken place, with an Indian national flown from London to Paris this morning.

That challenge comes as a 25-year-old Eritrean migrant won a 14-day postponement of his removal after launching a similar claim, illustrating ongoing legal obstacles to the plan. The High Court injunction in that case allowed time for scrutiny of a modern slavery claim, delaying removal while authorities assess the grounds of the allegation. The government has signaled it will appeal to shorten the injunction if possible, while reviewing the Modern Slavery Act for potential gaps in its application.

Britain, having announced the returns arrangement with France in July, said it would begin accepting other migrants from France as early as Saturday, with online applications opened for those currently in France who have not previously been removed and who do not pose a national security or public order risk. The number admitted will equal the total removed by that stage, and those migrants are expected to travel on a scheduled passenger flight. The first deportation follows several abortive attempts caused by ongoing legal challenges and procedural delays, testing the operational viability of the deal.

The Home Secretary, Shabana Mahmood, framed the development as an important step in securing Britain's borders and said the government would continue to challenge “last-minute, vexatious” attempts to obstruct removals in court. She insisted the country would pursue safe, legal, and managed routes for those fleeing persecution, not dangerous crossings. In response, Conservative peers and MPs warned that Labour’s stance could undermine reform of immigration and human rights protections.

The political clash underscored the broader legal and logistical hurdles facing the policy. Labour has argued for a careful balance between border control and human rights protections, while the government has stressed the primacy of a lawful return regime. Shadow Home Secretary Chris Philp argued that Labour had underestimated how immigration law operates and warned that Prime Minister Keir Starmer and Attorney General Lord Hermer would struggle to deliver meaningful reform of human rights and related laws used to stall removals. The Prime Minister has previously asserted that Britain will remain within the European Convention on Human Rights while pursuing tougher border controls.

Since the returns deal came into force on August 7, more than 5,400 small-boat migrants have reached Britain. This year’s total stands at about 31,026 arrivals, up roughly 38 percent on the same period last year. In the wake of the policy’s launch, the government has faced repeated warnings that the system could be vulnerable to courtroom challenges that delay removals.

Former Home Secretary Yvette Cooper was moved to the Foreign Office in this month’s reshuffle after criticism that progress on reform had stalled. With the latest High Court action, ministers face renewed pressure to translate legal authority into operational removals while maintaining compliance with human rights standards.