[2024] UKUT 00067 (IAC)

The applicant’s immigration history is complex and is set out in the chronology at pages 101 to 104 of the Trial Bundle. The following relevant facts were agreed at the hearing at which the applicant relied on the respondent’s decision dated 23 September 2022 referred to below.

The applicant is a national of Vietnam and is 57 years old. He was trafficked to the UK on three occasions, in 2009, 2015 and 2018, and forced to cultivate cannabis to repay a debt he owed. He was convicted of conspiracy to produce cannabis and sentenced to 8 months’ imprisonment on 26 June 2012. A deportation order was signed on 16 January 2013. The applicant claimed asylum on 1 June 2018 on the basis of a well-founded fear of being re-trafficked on return to Vietnam.

On 29 May 2018, the applicant was referred to the National Referral Mechanism (NRM) and he received a positive reasonable grounds decision on 27 June 2018. The Single Competent Authority (SCA) concluded the applicant had given a consistent and plausible account corroborated by objective evidence. The SCA decided the applicant was a victim of trafficking, in Vietnam, Laos, Thailand and the UK and issued a positive conclusive grounds decision (CGD) dated 23 September 2022.

On 26 October 2022, the applicant made further submissions in respect of his deportation and the respondent refused his protection and human rights claim on 15 August 2023. The applicant has a pending appeal against the refusal to revoke his deportation order on asylum, humanitarian protection and human rights grounds. He fears being re-trafficked on return to Vietnam. The applicant is not removable whilst his appeal is pending. He does not have permission to work and is accommodated and supported by the Vietnamese community in the UK.

The applicant, through his solicitors, requested discretionary leave to remain (DL) by email on 10 November 2022. These representations were supported by a psychological report by Lisa Davies dated 21 July 2021. It is not in dispute that the applicant was not assisting a public authority with their enquiries or claiming compensation.