[2024] UKUT 00067 (IAC)

In KTT, the Court of Appeal considered the statutory guidance on modern slavery and the guidance entitled “Discretionary leave considerations for victims of modern slavery” referred to as the MSL policy. The court upheld the order of Linden J that versions 2, 3 and 4 of the MSL policy require decisions on a grant a leave to be made in accordance with Article 14(1)(a) ECAT.

The situation has moved on since then and the legal landscape has changed with the coming into force of section 65 NABA 2022 on 30 January 2023. The criteria for granting permission to stay in relation to confirmed victims of modern slavery and trafficking are set out in the IR-VTS and the VTSP. It is not in dispute that the VTSP expresses a clear intention not to implement the obligations in Article 14(1)(a) of the ECAT from 30 January 2023.

The applicant challenges the refusal of VTS on the grounds that the VTSP does not apply and he should have been considered and granted DL under the DLP. The DLP version 10 published on 16 March 2023 post-dates the coming into force of section 65 NABA 2022 and the first publication of the VTSP. I am not persuaded that the VTSP, in light of section 65 NABA 2022, is the starting point because both policies remain in force and the DLP states it must be read in conjunction with other key guidance including the VTSP.

The principles at [37] of KTT apply and I first have to consider whether the DLP evinces an intention to give effect to the requirements of ECAT and secondly whether it in fact does so.