[2024] UKUT 00067 (IAC)

Sections 65 of the provides:

“Leave to remain for victims of slavery or human trafficking

(1)

This section applies if a positive conclusive grounds decision is made in respect of a person—

(a)

who is not a British citizen, and

(b)

who does not have leave to remain in the United Kingdom.

(2)

The Secretary of State must grant the person limited leave to remain in the United Kingdom if the Secretary of State considers it is necessary for the purpose of—

(a)

assisting the person in their recovery from any physical or psychological harm arising from the relevant exploitation,

(b)

enabling the person to seek compensation in respect of the relevant exploitation, or

(c)

enabling the person to co-operate with a public authority in connection with an investigation or criminal proceedings in respect of the relevant exploitation.

(3)

Subsection (2) is subject to section 63(2).

…

(6)

Subsection (7) applies if the Secretary of State is satisfied that—

(a)

the person is a threat to public order, or

(b)

the person has claimed to be a victim of slavery or human trafficking in bad faith.

(7)

Where this subsection applies—

(a)

the Secretary of State is not required to grant the person leave under subsection (2), and

(b)

if such leave has already been granted to the person, it may be revoked.

(8)

Leave granted to a person under subsection (2) may be revoked in such other circumstances as may be prescribed in immigration rules.

(9)

Subsections (3) to (7) of section 63 apply for the purposes of this section as they apply for the purposes of that section.”

Section 63 provides in material part:

“Identified potential victims etc: disqualification from protection

(1)

A competent authority may determine that subsection (2) is to apply to a person in relation to whom a positive reasonable grounds decision has been made if the authority is satisfied that the person—

(a)

is a threat to public order, or

(b)

has claimed to be a victim of slavery or human trafficking in bad faith.

(2)

Where this subsection applies to a person the following cease to apply—

(a)

any prohibition on removing the person from, or requiring them to leave, the United Kingdom arising under section 61 or 62, and

(b)

any requirement under section 65 to grant the person limited leave to remain in the United Kingdom.

(3)

For the purposes of this section, the circumstances in which a person is a threat to public order include, in particular, where—

…

(f)

the person is a foreign criminal within the meaning given by section 32(1) of the UK Borders Act 2007 (automatic deportation for foreign criminals);…”