Mr Justice Sheldon reject arguments over destitution but temporarily halts removal for further representations on trafficking matters
News media have reported that an Eritrean asylum seeker yesterday brought the first legal challenge against the Government's 'one in, one out' agreement with France, resulting in the High Court temporarily halting his removal. He had been scheduled for removal today.
Image credit: WikipediaAccording to BBC News, Mr Justice Sheldon rejected arguments that the Eritrean man would be left homeless and destitute in France, but allowed the challenge on the grounds that more time was needed to decide whether the man was a victim of trafficking or modern day slavery.
BBC News reported that while the Home Office had rejected the man's claim to be a victim of trafficking, it acknowledged in a letter yesterday that he had a right to make further representations and this was not expected to be done from France.
Mr Justice Sheldon was quoted as saying: "There is a serious issue to be tried in relation to the trafficking claim and whether or not the Secretary of State has carried out her investigatory duties in a lawful manner. … If there was a reasonable suspicion that he was trafficked - and that does not mean trafficked in or from France - that would amount to a statutory bar to removal for at least a short period of time."
The Mirror reported that Mr Justice Sheldon continued by saying: "The status quo is that the claimant is currently in this country and has not been removed. So, I make an order that the claimant should not be removed tomorrow at 9am, but that this matter should come back to this court as soon as is reasonably practical in light of the further representations that the claimant ... will make on his trafficking decision."
According to the Guardian, the decision may have wider implications, as many of the asylum seekers scheduled for removal to France under the agreement could be victims of trafficking.
Medical Justice, which is supporting detainees scheduled for removal, said the vast majority of its clients are survivors of torture and trafficking. The charity's director told the Guardian: "We welcome the high court decision to halt this man's flight so that details of his case can be considered. We are in contact with people detained for the one-in, one-out scheme, the vast majority of whom are torture and trafficking survivors. The largest group is from Eritrea. Due to the nature of what they have experienced in the countries they have passed through, histories of modern slavery and sexual abuse are recurring."