Chapter III ECAT
Chapter III ECAT
Article 14 (1) of the ECAT provides:
“1. Each Party shall issue a renewable residence permit to victims, in one or other of the two following situations or in both:
(a) the competent authority considers that their stay is necessary owing to their personal situation;
(b) the competent authority considers that their stay is necessary for the purpose of their co-operation with the competent authorities in investigation or criminal proceedings.”
Article 13 of the ECAT provides for a ‘recovery and reflection period’ of at least 30 days when there are reasonable grounds to believe that the person concerned is a victim of trafficking. Article 13(3) provides an exception to the duty to provide the relevant recovery period where “grounds of public order prevent it.” Article 14(1)(a) contains no exception on grounds of public order equivalent to that set out in Art 13(3).
- Heading
- Order regarding anonymity Pursuant to rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008, the appellant is granted anonymity. No-one shall publish or reveal any information, including the name or address of the appl
- Judge Frances
- Decision under challenge
- Grounds
- Agreed facts
- Relevant procedural history
- Chapter III ECAT
- Relevant authority
- Nationality and Borders Act 2022 (NABA)
- Immigration Rules
- Policy Guidance
- DLP
- VTSP
- Conclusions on the interpretation of policy
- Does the DLP intend to give effect to Article 14(1)(a) ECAT ?
- Does the DLP give effect to Article 14(1)(a)?
- Conclusions
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