Second migrant set to be deported to France today

An Eritrean man is set to be deported to France under Sir Keir Starmer's “one in, one out” scheme today after a last-minute legal bid failed. The High Court ruling came just hours after the Home Office returned the first migrant under the deal.

- HOLLY BANCROFT HOME AFFAIRS CORRESPONDENT

The Eritrean man, who has not been identified in court proceedings, is due to be deported at 6:15am today. The man said he is a victim of trafficking, but the Home Office argued there was not enough evidence for him to qualify for modern slavery support.

Siding with the Home Office, Mr Justice Sheldon said he did not accept the argument that the migrant “had been denied procedural fairness” due to the speed of his trafficking claim decision.

“In my view, the secretary of state did have sufficient information to make the reconsideration decision,” he said yesterday afternoon. Mr Justice Sheldon said it was open to the home secretary to conclude that the Eritrean’s account of his modern slavery “couldn’t reasonably be believed”.

The judge said it was “clear” that the migrant would have the opportunity to submit a trafficking claim in France.

A preliminary doctor’s report indicated that the asylum seeker could be a victim of trafficking because of the route that he took through Libya, Sonali Naik KC told the court on behalf of the migrant.

The Eritrean has said that he was kidnapped and forced to work in Libya, the court heard. The Home Office said that France can consider claims from people who say they were trafficked outside of France.