[2023] UKUT 239 (AAC)

The Applicant in this judicial review seeks to distinguish her case from A&B agreeing that while the judgment provides an important context it is not a complete answer to her challenge. She submits the FtT was wrong to simply “read across” the conclusion in A&B. The Applicant argues in circumstances where the A&B judgment is not determinative of the question of discrimination for a subgroup of the victims of trafficking (the nexus offenders), it cannot be determinative of the same for victims of CSA. She contends there remains an open question as to whether victims of CSA should be considered “blameless victims” generally and that A&B does not provide the answer to this question. She argues the decision in A&B did not involve consideration of discrimination in the context of Articles 3 and 8 or A1P1 but focused, in the context of victims of trafficking, on Article 4.

The Secretary of State, on behalf of CICA, submits there is no basis on which it can be argued that the FtT erred in law in reaching its decision in light of the Supreme Court’s judgment which is binding on it.