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Home Office Suffers Legal Setback in Channel Crossing Deportation Challenge

23-09-2025


The UK Home Office has suffered a significant legal setback after the Court of Appeal refused permission to challenge a High Court ruling that temporarily blocked the deportation of an Eritrean migrant to France. Three senior judges - Lord Justice Arnold, Lord Justice Lewis and Lady Justice Elisabeth Laing - unanimously rejected the government's application to appeal, dealing a blow to the Home Office's efforts to implement its controversial Channel crossing policy.

The case centers on an unnamed Eritrean man who had been scheduled for removal to France on September 17 under the UK-France agreement that allows for the return of asylum seekers who have crossed the Channel. Last week, Mr Justice Sheldon granted the man 14 days to make representations supporting his claim that he is a victim of modern slavery, effectively pausing his deportation. The Home Office immediately sought to challenge this decision, arguing it undermined a key government policy objective.

In written submissions to the Court of Appeal, Kate Grange KC, representing the Home Office, contended that the High Court judge "erred" in granting interim relief and that the case raised "an issue of compelling public importance." She argued that the decision to block the deportation "causes real damage to the public interest and undermines a central policy objective" of deterring small boat crossings. The Home Office emphasized the operational impact, noting that the ruling had already forced the deferral of removal actions.

However, the appellate judges found no legal error in the original decision, with Lord Justice Arnold stating they were "satisfied the judge was correct to hold that there was a serious issue to be tried." The ruling comes amid ongoing tensions between the judiciary and the government over immigration policy, with recent figures showing 1,072 people made the Channel crossing in 13 boats. The legal battle highlights the complex interplay between human rights protections and border control measures in the UK's approach to migration management.