Three migrants have lost High Court bids to temporarily block their removal to France under Sir Keir Starmer’s “one in, one out” deal, documents show. The men, who have been anonymised as TAN, LOU and LYD, sought a court order blocking their deportation at separate hearings on Wednesday.
Court orders published on Thursday show that Mr Justice Johnson refused all three bids, saying there was a “strong public interest” in allowing the Home Office to continue with the scheme agreed in the summer. It comes as the Prime Minister faces pressure over the deal after it emerged that a man who was deported to France has returned to the UK via small boat.
In the case of TAN, which was heard remotely between 7.45pm and 9.45pm on Wednesday, Mr Justice Johnson said a medical report referred to the man having a “high risk of suicide in France or Iran”.
But he continued: “It has not been shown that the French authorities would be unable to provide the claimant with any necessary medical care, including in respect of his mental health and the prevention of suicide, or that he would be at real risk of immediate harm if he is returned to France.
“He would be able to continue to pursue his claim from France.”
In all three cases, the judge said there was no evidence that the men would be at “real risk of immediate harm”.
He added: “Given that there is no evidence of an immediate risk to the claimant on return to France, allowing the removal to take its course, but with the potential for him to return if there is shown to be a longer term risk, would provide a sufficient safeguard (to) the claimant.”
In the case of LOU, heard between 11.25pm and midnight, the judge again concluded there was no “real risk of immediate harm” if the man was returned to France.
The judge said: “He spent some considerable time in France on his way to the United Kingdom, and has not demonstrated that he was subject to inhuman or degrading treatment.
“There is no evidence that if he were returned to France tomorrow, he would be immediately subject to such treatment.”
On Thursday, the Prime Minister insisted his approach to the Channel crisis was working despite a migrant who was removed under the scheme making the dangerous journey back to Britain.
The man was returned to France in September but came back across the Channel in a small boat a month later.
Sir Keir said the man, who now claims to be a victim of modern slavery, would be “fast-tracked back out of the country”.
The number of people crossing the Channel in small boats this year so far has reached 36,954, more than the 36,818 recorded in the whole of 2024.
Conservative leader Kemi Badenoch said Labour’s policy on small boats had been “shown to be farcical, with the migrants simply getting back on boats and coming here”.