A legal dispute is unfolding over the UK-France scheme aimed at deterring small boat crossings, with at least two Eritrean men already deported under this policy.

The scheme, scheduled for September 17, involves returning asylum seekers crossing the Channel to France in exchange for those with valid UK entry claims, but recent legal challenges have complicated its implementation.

Recent policy revisions restrict the right to appeal for individuals being removed to safe countries like France, allowing only legal challenges from abroad.

A High Court initially granted a temporary relief to an Eritrean man facing deportation, citing potential trafficking victim status, which the Home Office challenged in the Court of Appeal.

The Court of Appeal refused the Home Office's appeal, upholding the initial ruling that emphasized the man's vulnerability and the seriousness of trafficking claims.

The Home Office argued that the decision damages public interest and border security efforts, but the judges found no legal errors in the initial ruling.

The government initially projected deporting up to 50 people weekly under the scheme, aiming to increase numbers as a deterrent to dangerous crossings.

A judge acknowledged the seriousness of trafficking claims and the lawfulness of the Secretary of State's investigatory duties but granted temporary relief based on the claimant’s vulnerability.

The Court of Appeal hearing is ongoing, with a decision expected soon on whether the temporary relief will be upheld or overturned, impacting the scheme's progress.

Legal arguments emphasize that the court's decision could influence operational removals and encourage other asylum seekers to seek delays, with some applying for extended deferrals.

This legal setback complicates the UK government's efforts to enforce the 'one in, one out' migrant returns scheme with France, which aims to return migrants crossing illegally in exchange for accepting some asylum seekers from France.

Despite the scheme, migration pressure remains high, with over 1,000 migrants crossing the Channel in a single day last Friday, highlighting ongoing challenges.

The case underscores the broader tension between individual rights claims, such as trafficking and vulnerability, and the UK government’s policy objectives to control migration and reduce Channel crossings.