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An Eritrea-born asylum seeker has successfully obtained a eleventh-hour legal injunction provisionally stopping his deportation to the French Republic pursuant to the new 'one in, one out' treaty.

The 25-year-old, who came in the UK via a small boat on 12 August, was set to be repatriated this Wednesday under the removal trial program finalized during summer by the both nations.

In the initial legal challenge targeting the agreement, presided over at the London judiciary, his legal team contended that he needed further opportunity to submit proof supporting he may have been a victim of modern slavery – and that the ruling to deport him had been hurried.

Lawyers for the Home Office countered that he might have claimed asylum in France and demonstrated lacking grounds as to why it was an unsafe secure country for him.

They additionally warned that hindering his return could encourage others allocated to upcoming repatriation trips to come forward with parallel petitions, thereby weakening the policy aim of deterring dangerous small boat journeys.

However over the course of the case, it came to light that while the interior ministry’s own representatives had dismissed his trafficking allegation, they had also indicated in a recent communication that he was entitled to the option to make more submissions – and that they did not anticipate him to submit materials after being sent to French soil.

This revelation led the presiding judge to approve a short-term injunction on the claimant’s deportation, notwithstanding dismissing his assertion that he would be rendered destitute in the French territory.

"This presents a significant matter to be adjudicated in reference to the exploitation claim and if the Home Office has performed her fact-finding responsibilities in a proper way," he stated.

The judge also commented that should there was a reasonable suspicion that the man had been coerced – a situation that might not exclusively involve French territory – it would represent a statutory prohibition to return for at least a short period.

The legal block raises important issues about if further individuals assigned for removal journeys may leverage comparable grounds to challenge or prevent their departure from the UK – or if they are being exposed to inadequate procedures.

The individual, who may not be identified for privacy reasons, reportedly exited Ethiopia two years ago and entered Italy in April 2025.

A month later, he moved to France, where he was assisted by charities including the humanitarian organizations, before his mother reportedly paid $1,400 (approximately £1,024) to smugglers for his Channel passage to the United Kingdom.

The judicial case, it was stated that he informed authorities during his first assessment that he had never been exploited and had been employed when he worked as a manual worker in North Africa.

Upon being inquired why he had failed to seek protection earlier than coming the United Kingdom, the claimant stated that he had observed people living on the outdoors in European nations and had decided that there was inadequate support offered.

Official representatives maintained that he ought to have claimed refugee status in France since he was not under the control of trafficking gangs.

But, his legal representative, contending on his side, claimed that the Home Office had yet to properly evaluated whether her client was a victim of exploitation – and that there had been no assessment of whether returning him to the French nation would leave him destitute.

About the Migrant Exchange Deal

This 'one in, one out' program was revealed in recently by the British government and France’s head of state.

Pursuant to the treaty, France agreed to take back asylum seekers who had crossed to the UK by small boat and had their protection requests rejected.

In reciprocity, the British authorities would accept an individual with a strong need for refugee status who had never tried to travel via the English Channel.

To date, not a single person has been removed via the program. The pioneering deportations to the French nation had been expected to start imminently.

Over the last several days, a number of migrants accommodated in detention facilities received documents indicating that they would be put on a regular airline leaving from London Heathrow for Paris at morning on Wednesday.

However, several contacts reported that a number of of the potential passengers had been notified that their return would be delayed as further appeals about their claims were processed.

When questioned by reporters – before the legal outcome – if the scheme was a "disarray", a spokesperson representative stated "absolutely not".

The representative added that the government was "assured" in the lawful basis for the pilot program, and that they had "adopted actions to guarantee it's compliant with UK and worldwide law; like any initiative, we're ready to react