Pain for Starmer as ‘one in, one out’ migrant flight grounded after High Court appeal

A second Air France flight reportedly departed from Heathrow on Tuesday without any migrants on board

An Eritrean man who arrived by small boat will not be deported to France on Wednesday under the Government’s “one in, one out” scheme after he won his High Court bid to have the removal temporarily blocked on Tuesday.

His deportation had been scheduled for 9am on Wednesday.

Deportations of migrants under the Government’s “one in, one out” deal with France are yet to begin amid further reports of planned removals being halted.

A second Air France flight departed from Heathrow on Tuesday without any migrants on board, according to reports.

A small group of migrants were also said to have been removed from a flight on Monday after a legal challenge.

Ministers 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.

The first detentions of migrants took place last month as the deal came into force, and they have been held at an immigration removal centre pending their removal from the country.

The Telegraph reported that a migrant taken off the flight on Monday was due to fly out of the country on Tuesday instead, but his flight has been delayed for at least another day.

The Sun also said there were several pairs of seats left empty on the Air France flight on Tuesday morning, and was told by staff it had been fully reserved.

Downing Street denied that the Government’s return deal with France was a shambles, or that its plans had been hampered by the courts, amid the reports.

Asked by reporters if the latest delay meant the deal was a shambles, the Prime Minister’s official spokesman said: “No.”

The spokesman also denied that the latest postponement showed ministers were powerless in the face of the courts, adding: “As I said, we have never provided an operational running commentary on the details of the scheme.”

The Government will provide an update on detentions as soon as possible, the spokesman said, insisting returns would take place “imminently”, and that this latest update related to one person rather than the scheme as a whole.

A Home Office spokesperson said: “Under the new UK-France Treaty, people crossing in small boats can now be detained and removed to France. We expect the first returns to take place imminently.

“Protecting the UK border is our top priority. We will do whatever it takes to secure our borders.”

Earlier on Tuesday, justice minister Alex Davies-Jones also told Times Radio she would not give a “running commentary” on deportations, saying this would give people-smuggling gangs “exactly what they want”.

She declined to say when, or whether asylum seekers due to arrive from France as part of the scheme would still fly to the UK later this week.

A Government source said the first deportation flights under the deal with France are expected to take place this week.

Under the deal, the UK will send back to France asylum seekers who have crossed the Channel, in exchange for those who apply and are approved to come to Britain.

France has reportedly said it will only accept a small initial contingent of deportations, while the UK has said it hopes to increase numbers over the course of the scheme in an effort to stop small boat crossings in the Channel.

Some 31,026 people have made the journey so far this year, a record number for this point in the year since data collection began in 2018.

Conservative leader Kemi Badenoch said it was “extraordinary” that the first deportations under the Government’s returns deal with France were reportedly postponed.

The Tory leader told broadcasters in central London: “This is exactly what I said would happen.

“Labour had a one in, one out deal with France.

“They failed to get anybody out, and we’re still taking in more people from France, so we’re still having a net increase in immigration based on this deal.

“It is extraordinary that Labour are not able to deport one person. There was only one migrant on that flight.”

Reform UK’s head of policy, Zia Yusuf, said: “This is of no surprise to anyone. This Labour Government is wasting taxpayers’ money on a completely hollow and unworkable scheme.

“Without leaving the ECHR, disapplying international treaties like the 1951 Refugee Convention and a total legal reset, no government will be able to get deportations off the ground.”

The Tories said the Government’s returns deal with France was “another failed gimmick” after a scheduled deportation was blocked following a last-minute legal challenge.

Chris Philp, shadow Home Secretary, said: “Two flights, zero deportations. Labour’s France returns deal failed to remove a single migrant, yet thousands more continue to arrive. The government must come clean on whether even one person has been sent to us from France in return.

“Yesterday I told the new Home Secretary that unless they disapply the Human Rights Act for immigration cases, this deal would collapse in court. She refused, and here is the predictable result.

“This is another failed gimmick from this weak government who seem to think a press release is the same as action.

“Only the Conservatives have a clear plan to deport all illegal arrivals, tackle the lawfare blocking immigration policy, and put a real deterrent in place through our Deportation Bill. Without that, the crossings will never stop.”

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