The Home Office has been refused permission to challenge a High Court ruling that temporarily blocked an Eritrean migrant's deportation to France - dealing another blow to Labour's flailing 'one in, one out' scheme.

The ruling is another setback to ministers, who have only been able to return three people under the deal so far - despite the number crossing the Channel so far this year soaring past 32,000.

A total of 1,072 migrants made the journey from France on Friday, suggesting the programme - which is meant to send one Channel migrant back to France in return for Britain accepting one with a strong claim - is not serving as a deterrent.

The third asylum seeker sent back was an Iranian man who was returned to France on Friday – a rate of return described as 'pathetic' by Shadow Home Secretary Chris Philp.

Officials had hoped to send the Eritrean man to France at 9am on September 17 before a decision by Mr Justice Sheldon to give him 14 days to make representations to support his claim that he was a victim of modern slavery.