[2024] UKUT 00067 (IAC)

The applicant challenges the respondent’s decision of 12 June 2023 refusing temporary permission to stay under the policy guidance: Temporary Permission to Stay considerations for Victims of Human Trafficking or Slavery, version 3.0, published on 8 June 2023 (VTSP). Reference to the VTSP is to this version of the policy.

The respondent considered the psychological report by Lisa Davies, the country information on Vietnam and the current circumstances questionnaire (CCQ) and concluded the applicant was not taking medication or receiving counselling and he could obtain treatment in Vietnam. The respondent refused temporary permission to stay (VTS) because it was not necessary for the applicant to receive VTS for a medical reason. The respondent went on to state that consideration had been given to part 9 of the Immigration Rules and VTS must be refused because “previous behaviour is deemed not conducive to the public good”.

The applicant also seeks to challenge the respondent’s response to the pre-action protocol letter dated 4 August 2023. I find this is not a challengeable decision. It explains why the applicant’s case was considered under the VTSP and not the DLP. I am satisfied the applicant challenges the decision of 12 June 2023 on the grounds the respondent considered the wrong policy and/or failed to grant limited leave to remain under the DLP.