A High Court judge has blocked the deportation of a 31-year-old Eritrean small boat migrant in the latest blow to Keir Starmer’s "one in, one out" scheme with France.
The judge ruled that the migrant would probably experience psychological harm if forcibly returned.
Mr Justice Sheldon issued the interim order on Wednesday, finding the asylum seeker faced a genuine risk of being unable to access suitable housing and medical care in the French system.
The judge determined there was "real doubt" the man could obtain timely mental health treatment across the Channel.
He concluded that the migrant was "likely to suffer harm to his mental health if he is removed forcibly to France".
The migrant, who has been confirmed as a trafficking victim by UK authorities, endured detention and exploitation at the hands of militia forces in Libya before reaching Europe.
He crossed to Britain by small boat on August 12 and has remained in immigration detention since his arrival.
Medical assessments have identified mental health treatment needs, including a diagnosis of post-traumatic stress disorder.
A High Court judge has halted the removal of an Eritrean asylum seeker to France over fears of 'harm to his mental health'
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Before attempting the Channel crossing, he had sought asylum in France but received no support from the authorities there.
Mr Justice Sheldon found there was a "serious risk that the same will apply if he was to be returned to France".
The judge also noted that French authorities would not recognise him as a trafficking victim because his exploitation occurred outside France.
Elizabeth Cole, of Duncan Lewis solicitors, who represents the Eritrean man, said: "We are encouraged that the court has recognised shortcomings in the French system in terms of identifying and supporting victims of trafficking.
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The man crossed to Britain by small boat on August 12 and has remained in immigration detention since his arrival
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“This includes failing to identify victims of trafficking who were trafficked outside of France by non-French nationals, and ensuring that appropriate support, including accommodation and healthcare, can be accessed by victims in a timely and effective way."
She added that while definitive findings would await the final hearing in April, the ruling marked "an important step forward" in acknowledging gaps in French provision.
The Home Office defended its procedures, stating that modern slavery legislation should protect genuine victims rather than serve as a means to circumvent border controls.
A spokesperson insisted that safeguarding and vulnerability assessments are conducted before any removal decision, and that individuals are treated with dignity throughout the process.
It represented the latest blow to Keir Starmer’s 'one in, one out' scheme
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Fresh figures reveal the “one in, one out” scheme is performing well below initial expectations, with just 12 people being returned to France each week rather than the 50 originally briefed to journalists.
Since the programme launched in August, 377 individuals have been deported to Paris while 380 have travelled in the opposite direction to claim asylum in Britain.
The modest return rate comes despite the Prime Minister's pledge last summer that the arrangement would demonstrate to those attempting the crossing that their journey would be "in vain".
Yet thousands continue to risk their lives in the Channel. Some 721 people arrived by small boat in the past week alone, bringing the total to 1,200 who have made the perilous journey so far this month.
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