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Grounds
Grounds
The applicant challenges the decision of 12 June 2023 on 3 grounds (the applicant no longer relies on ground 2 alleging breach of a legitimate expectation):
Ground 1: The refusal to grant DL/decision to exclude the applicant from consideration for a grant of leave under the DLP was in breach of Article 14(1)(a) of the Council of Europe Convention on Action against Trafficking in Human Beings (ECAT) which was implemented at the relevant time by the DLP;
Ground 3: The DLP breaches Article 14(1)(a) of ECAT and Article 4 of the European Convention on Human Rights (ECHR); and
Ground 4: The decision to refuse VTS was unlawful owing to the respondent’s failure to take into account material expert evidence and/or her erroneous approach to the evidence.
- 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