UK Home Secretary vows to fight ‘last-minute claims’ as Eritrean migrant deportation under France deal is blocked

Britain’s High Court on Tuesday granted a short period of interim relief to an Eritrean man who cannot be named for legal reasons, delaying his planned removal to France under the UK-France migrants returns deal. Home Secretary Shabana Mahmood said she would fight “vexatious, last-minute claims” and described any attempts to derail removals as intolerable.

The injunction came as the first High Court challenge to the government’s new “one in, one out” pilot scheme was lodged. The Eritrean man, who arrived in the UK by small boat last month, argued in an appeal filed just hours before his flight that he might be a victim of modern slavery. His removal was scheduled for 09:00 BST on Wednesday, part of the agreement intended to curb cross-Channel crossings by exchanging asylum seekers who have crossed with those who are approved to come to Britain.

The ruling raises questions about whether other migrants allocated to flights could use similar grounds to delay or block removals. The Home Office said it would appeal the decision and is reviewing the Modern Slavery Act to ensure it is not being misused. Lawyers for the Home Office argued that the man could have claimed asylum in France, and delaying his departure could encourage others to pursue last-minute grounds, potentially undermining the public interest in deterring lethal small-boat crossings.

Mahmood said: "Migrants suddenly deciding that they are a modern slave on the eve of their removal, having never made such a claim before, make a mockery of our laws and this country’s generosity. I will fight to end vexatious, last-minute claims. I will robustly defend the British public’s priorities in any court. And I will do whatever it takes to secure our border."

Ministers had approved the July deal with France as a key policy to reduce record small-boat crossings this year. The plan was a centerpiece of former Home Secretary Yvette Cooper’s tenure and remains a test for Mahmood as she works to implement it. Reports in the past day that the first flights left empty on Monday and Tuesday have added to the complication, though officials still expected removals to begin under the scheme later this week.

Under the agreement, the UK would send asylum seekers who have crossed the Channel back to France in exchange for those who apply and are approved to come to Britain. France has reportedly indicated it will accept only a small initial contingent, while the UK has signaled it hopes to gradually increase numbers to deter crossings as the scheme progresses.

The court action adds a new dynamic to the rollout and could influence future flights, depending on how the court defines the evidence needed to establish modern slavery claims and how easily such arguments can be used to stall removals. The Home Office has signaled it remains committed to pursuing the policy, with the appeal and further reviews planned as part of the broader effort to manage asylum claims and migration across the Channel.

The latest developments come as the government continues to defend the framework against critics who say it shifts responsibility and may push more people into legal challenges. Supporters argue the plan is essential to deterring dangerous crossings and managing asylum processing more efficiently, while opponents warn it could undermine protections for vulnerable migrants and strain international cooperation with France. The outcome of the Eritrean case will be watched closely by lawmakers, human-rights advocates, and others monitoring the policy’s legal viability and its humanitarian implications.