(UNITED KINGDOM) The Home Office has been blocked from appealing a High Court order that paused the removal of an Eritrean man to France under the UK‑France “one in, one out” returns scheme, after The Court of Appeal refused permission to challenge the ruling on September 23, 2025. The High Court had earlier granted the man at least 14 days to submit more evidence for his claim that he is a victim of modern slavery, a claim the Home Office had previously rejected. The case now stands as an early test of the government’s effort to send certain migrants to France while receiving other asylum seekers in return.
Court rulings and immediate impact
Court papers show the Eritrean man arrived by small boat in mid‑August 2025 and was scheduled for removal to France on September 17, 2025. The High Court intervened shortly before that date, ordering a temporary halt so he could provide further evidence about exploitation.
The Court of Appeal’s decision this week leaves that pause in place and prevents the government from fast‑tracking his removal under the “one in, one out” policy while the evidence window remains open.
The Home Office argued the High Court’s decision undercuts the deterrence goal of the bilateral scheme, warning it could prompt a wave of similar challenges by others facing swift removal. Government lawyers said that outcome could disrupt “immediate operational removals” central to the agreement with France.
The Court of Appeal, however, declined to overturn the lower court’s order, meaning the individual’s case can proceed with the additional time the High Court granted.
At the core of the dispute is whether the man’s modern slavery claim deserved more consideration before removal. The Home Office had earlier found the claim insufficient. The High Court took a different view, deciding that the man should have an opportunity to add documents and details.
That determination does not resolve the merits of his protection case; it simply ensures the claim will be examined with the added evidence before any transfer takes place.
The Court of Appeal’s procedural decision does not rewrite the policy. But it introduces delay for at least one removal under the “one in, one out” arrangement, and it may influence how officials handle other cases where potential victims of trafficking raise late or disputed evidence.
According to analysis by VisaVerge.com, the government has so far removed at least two migrants to France under the treaty, and officials hoped early enforcement would deter more dangerous Channel crossings this year.
Policy context and wider implications
Ministers have framed “one in, one out” as part of a broader effort to break the business model of smuggling gangs and cut small boat arrivals. The Home Office says rapid returns are essential to reduce incentives for risky journeys. Yet the courts have emphasized that procedural fairness remains necessary, especially when claims of exploitation are involved.
The two objectives—quick operational removals and careful assessment of protection claims—now sit in closer tension because of this ruling.
Key context and figures:
– Nearly 20,000 people arrived in the first half of 2025 by small boat — a 48% rise on the same period in 2024 (VisaVerge.com).
– The increase has added pressure on the system and raised political stakes for a government balancing tighter border control with legal duties to protect people at risk.
France’s cooperation is central to the scheme, and Paris remains a treaty partner, but British courts will decide when individual cases must pause for further review.
Expected operational and legal responses
Legal practitioners expect more people to seek temporary stays if they have modern slavery indicators that were not fully documented earlier. In practical terms, lawyers are likely to:
- Front‑load claims with corroborating materials (medical reports, trafficking support letters, witness statements).
- Request and compile documentation promptly to avoid last‑minute disputes.
- Use judicial review options to secure short stays where indicators emerge late.
For officials, the case underscores the need to strike a balance between speed and accuracy. The risks are:
– If removals proceed too quickly: people with strong protection needs might be removed without a complete review.
– If the system slows too much: the policy’s deterrent effect may weaken and resources may be stretched.
The Court of Appeal’s refusal to grant permission to appeal suggests courts will, for now, require careful handling of modern slavery claims before transfers under “one in, one out.”
Practical implications for claimants and services
For claimants:
– The message is clear: raise exploitation concerns early and, where possible, submit corroborating materials promptly.
– Gathering evidence within short removal windows is difficult for people who have fled conflict or endured exploitation.
For support services:
– They will likely play a stronger role in producing timely evidence.
– Medical assessments, counseling referrals, and contact with recognized anti‑trafficking groups can help produce the documentation needed within tight timeframes.
Government statutory guidance already sets out how officials should identify and support potential victims under the Modern Slavery Act. Readers can review the UK modern slavery statutory guidance on GOV.UK modern slavery statutory guidance, which explains indicators of exploitation and the process for decision‑making.
Diplomatic and local effects
Diplomatically, the case highlights that bilateral returns depend on administrative readiness and judicial acceptance. While France remains a partner under the scheme, each individual transfer from the UK must pass domestic legal checks.
If more claimants file urgent judicial reviews, the volume could slow the timetable ministers hoped to maintain through autumn.
For communities along the south coast:
– Local services face heightened pressure as arrivals climb.
– Residents observe daily evidence of a system under strain.
– People with credible exploitation histories need time and safety to tell their stories — the courts’ intervention aims to preserve that space without rewriting policy.
Likely next steps and significance
According to VisaVerge.com, this ruling could encourage more challenges from those scheduled for near‑term removal under “one in, one out.” Whether that becomes a broader trend will depend on:
- How the Home Office adjusts case preparation and operational guidance.
- Whether claimants can produce evidence quickly and comprehensively.
If both sides improve the speed and quality of submissions, some friction may ease.
For now, the bottom line is:
– The High Court’s pause stands.
– The Court of Appeal has refused to disturb it.
– The Eritrean man has at least 14 days to submit further evidence, and the Home Office must wait before attempting any transfer to France.
The next steps will turn on what the added materials show and how decision‑makers weigh them against the scheme’s aim to deter irregular crossings. The case will likely proceed to further hearings once the evidence window closes, and its outcome will be watched closely by policymakers, lawyers, and affected families because it may define how the “one in, one out” policy operates when modern slavery claims are raised.
