A British judge has temporarily blocked the deportation of an asylum-seeker back to France

FILE - A boat thought to carry migrants is escorted by a vessel from the French Gendarmerie Nationale in the English Channel off Wimereux beach, France, Wednesday, Sept. 4, 2024. (AP Photo/Nicolas Garriga, File)

LONDON (AP) — A British judge temporarily blocked the government from sending an asylum-seeker who crossed the English Channel back to France, delaying the first deportation under an agreement between London and Paris.

The 25-year-old Eritrean man was due to leave Britain on Wednesday on a commercial flight. But after his lawyers appealed, High Court judge Clive Sheldon granted “a short period of interim relief” so the man can present evidence to support his claim that he is a victim of human trafficking.

Lawyers for Home Secretary Shabana Mahmood argued that the man, who can’t be identified for legal reasons, could and should have sought asylum in France.

“It seems to me there is a serious issue to be tried with respect to the trafficking claim and whether or not the Secretary of State has carried out her investigatory duties in a lawful manner,” the judge said.

The ruling is a setback for Prime Minister Keir Starmer’s efforts to stop people crossing the channel from France in small boats.

Moe than 30,000 people have made the crossing so far this year, after 37,000 in 2024. Dozens have died in recent years trying to cross one of the world’s busiest shipping lanes in overcrowded dinghies.

Starmer scrapped the previous Conservative administration’s contentious plan to send migrants who crossed the channel on a one-way trip to Rwanda. Instead, he has pinned hopes on a deal with Paris to send some people who cross back to France, in return for accepting some asylum-seekers currently in France who have family ties to Britain.

U.K. officials have suggested the “one in, one out” plan is a major breakthrough, despite the initial program involving a limited number of people.

The government is also looking to speed up the processing of asylum claims. Officials have housed tens of thousands of migrants awaiting decisions in hotels at public expense, and the hotels have become flashpoints for protests.

Cabinet Minister Liz Kendall said the court decision was disappointing but would not stop the agreement going ahead.

“This is one person. It is not going to undermine the fundamental basis of this deal,” she said.