A British court accepted the challenge brought by an asylum seeker from Eritrea against the migrant exchange agreement between Britain and France (the “one-for-one” scheme). The court ordered the temporary suspension of the deportation of the claimant to examine his claim that he is a victim of human trafficking or modern slavery. At the same time, the court rejected the claimant’s argument that he suffers from extreme poverty and would be left homeless in either Britain or France.
The ruling referred to the Foreign Office’s duty to conduct a lawful investigation, stating, “There is a serious question to be considered regarding the trafficking allegation, including whether the Foreign Secretary has properly fulfilled her investigative duties.” The court emphasized that human trafficking constitutes a legal impediment to deportation, adding, “If there is reasonable suspicion that he has been trafficked—and this does not imply trafficking from or to France—this represents a legal impediment to deportation, at least temporarily.”
The court issued an order to suspend the deportation of the claimant. The judge’s ruling stated, “An order has been issued preventing the claimant’s deportation tomorrow at 9:00 a.m., and this matter will be returned to this court as soon as practically possible, in light of the additional observations the claimant will submit regarding his trafficking claim.”
According to Medical Justice, an organization that supports detainees awaiting deportation, the majority of asylum seekers they assist are victims of human trafficking. The charity welcomed the court’s decision to suspend the man’s deportation and to investigate the details of his case. The organization’s director said, “We are in contact with individuals detained under the ‘one-in, one-out’ system, the vast majority of whom are survivors of torture and trafficking, with the largest group coming from Eritrea. Given the nature of what they experienced in the countries they passed through, stories of modern slavery and sexual abuse are recurring among them.”
