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Judge Frances
Judge Frances:
Introduction
The applicant is an asylum seeker and confirmed victim of trafficking. Having considered the Presidential Guidance on Anonymity Orders, I make an order under Rule 14 of the Procedure Rules.
This application for judicial review is concerned with the interpretation of policy guidance in respect of victims of trafficking who received a positive conclusive grounds decision and had an outstanding asylum claim before 30 January 2023. The applicant in this case was also subject to a deportation order.
The central issue is the interpretation of the policy guidance on Discretionary Leave, version 10, published on 16 March 2023 (DLP). Reference to the DLP is to this version of the policy guidance.
- 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