Court makes finding pending final hearing that trafficking victim ‘likely to suffer harm to his mental health’ if returned

A high court judge has halted the removal of an Eritrean trafficking victim to France under the UK’s “one in, one out” scheme, after raising concerns that forcibly sending him back could cause him harm.

The controversial deal, under which one asylum seeker who arrives in the UK on a small boat is forcibly returned to France in exchange for another being brought over legally, was launched last summer. As of 5 March, 370 people have been brought to the UK legally and 354 sent back to France. The aim is to deter small boat crossings, but thousands of asylum seekers have crossed the Channel since the scheme started. So far this month, 1,200 people have made the perilous journey.

The Eritrean asylum seeker, 31, who brought the legal challenge, along with two others whose ages are disputed and whose cases will be determined at a later date, is arguing that France does not provide adequate support for trafficking victims. He has been confirmed as a victim of trafficking by the UK authorities, after being detained and exploited by militia in Libya.

He arrived in the UK on 12 August and is being held in detention. He has identified mental health treatment needs and a diagnosis of PTSD.