A general view of the Royal Courts of Justice, more commonly known as the High Court, in London, Britain November 2, 2020. REUTERS/Toby Melville/File Photo Purchase Licensing Rights , opens new tab

LONDON, Sept 16 (Reuters) – An asylum seeker who arrived in Britain on a small boat cannot be removed to France pending a full legal challenge, London’s High Court ruled on Tuesday, in an early setback to the British government’s plan to return such migrants.

The 25-year-old Eritrean man, who arrived in Britain on Aug. 12, won an interim injunction that prevented his removal on a flight to France at 0800GMT on Wednesday under a “one in, one out” pilot scheme announced by Britain and France in July.

Judge Clive Sheldon said there was a “serious issue to be tried” in relation to whether the man’s claim to be a victim of trafficking prevented his removal to France.

Tuesday’s decision is a blow to British Prime Minister Keir Starmer, who is facing mounting pressure to stop small boats taking asylum seekers across the Channel from France.

Under the scheme, France agreed to accept undocumented people arriving in Britain by small boats in exchange for Britain accepting an equal number of legitimate asylum seekers with British family connections.

The proposal is a key part of Britain’s plans to cut illegal migration and fight off Nigel Farage’s anti-immigrant Reform UK party, which leads opinion polls as Starmer’s popularity has fallen since winning an election landslide last year.

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