The Home Office has lost a bid to challenge a High Court ruling that granted an Eritrean man a temporary block on his deportation to France.
Last week, Mr Justice Sheldon granted the man at least 14 days to make representations to support his claim that he was a victim of modern slavery.
The unnamed man had been due to be removed to France at 9am on September 17, under the "one in, one out" arrangement with France.
Meanwhile, the Home Office has confirmed that one Afghan individual was returned to France this afternoon as part of the returns deal. This means four illegal migrants have now been returned since the deal came into effect.
The migrant was supposed to depart the UK on an Air France flight
| GETTYIn written submissions, Kate Grange KC, representing the Home Office, said: "The Secretary of State for the Home Department contends that the judge erred when he determined that interim relief was appropriate."
She added: "This case raises an issue of compelling public importance given the significance of the policy of removing to France under the treaty and the acute need to prevent and deter small boat journeys across the English Channel.
"The judge’s decision to grant interim relief, and for such a significant period in the context of this policy, causes real damage to the public interest and undermines a central policy objective."
The latest Home Office figures show 1,072 people made the journey in 13 boats, averaging more than 82 people per boatLATEST DEVELOPMENTS
- 'I'm appalled!' Barrister launches furious tirade over 'outrageously lenient' sentence of Epping hotel migrant: 'Laughing all the way to jail'
- Migrant staying in asylum hotel 'made violent threats before stabbing six people in knife rampage'
- Ethiopian migrant jailed for 12 months after sexually assaulting teenage girl and woman just days after arriving in Britain on small boat
The Home Office has been blocked from deporting the migrant
| GETTYMinisters agreed the pilot scheme with the French government in July as part of efforts to deter the record number of arrivals by small boat crossings so far this year.
At least two asylum seekers have been removed from the country under the scheme, including a second Eritrean man who was deported on a flight from Heathrow to Paris after losing a High Court bid on Thursday to halt his removal.
Deputy Prime Minister David Lammy said on Friday that the return deal with France serves as an "immediate deterrent" also describing the pilot as "a milestone."
He also said the Government hoped to see the number of deportations "grow over the coming months and years" as more small boats began making the dangerous journey in the early hours of Friday.
In the hearing today, Lord Justice Arnold, Lord Justice Lewis and Lady Justice Elisabeth Laing questioned why the Home Office was arguing that the 14 days was too long when the department had originally told the Eritrean he would have 30 days to request a review, reports The Independent.
Kate Grange KC, for the Home Office, told the court that 48 hours, rather than 14 days, would have been sufficient.
Lord Justice Arnold responded asking: "Are you seriously submitting that a medical report can be obtained and submitted within 48 hours?"
Lord Justice Laing added: "It seems to be fairly black and white. You have the right to request a review of the decision."
Ms Grange KC told the court that there was "considerable urgency" to make the "one in, one out" scheme work.
She told the hearing: "Winter is coming. Over the next few weeks temperatures will drop and journeys [across the Channel] will become more hazardous.
"We submit that the public interest in preventing and deterring these journeys could not be more serious or acute."