Upper Tribunal Immigration and Asylum Chamber

[2024] UKUT 00067 (IAC)

Fecha: 08-Ene-2024

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

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 applicant, likely to lead members of the public to identify the applicant. Failure to comply with this order could amount to a contempt of court.

(1)

The policy guidance on Discretionary Leave, version 10, published on 16 March 2023 makes transitional provisions in respect of victims of trafficking who received a positive conclusive grounds decision and had an outstanding asylum claim before 30 January 2023.

(2)

These transitional provisions were intended to give effect to Article 14(1)(a) ECAT and EOG and KTT v SSHD [2022] EWCA Civ 307 in respect of victims of trafficking who received a positive conclusive grounds decision and had an outstanding asylum claim, based in a material part on a well-founded fear of being re-trafficked, before 30 January 2023.

(3)

The Discretionary Leave policy, version 10, is unlawful in so far as it provides that individuals subject to deportation proceedings must not be considered under the transitional provisions (“the deportation carve out”).

(4)

The deportation carve out is unlawful in so far as it excludes individuals who are not a threat to public order or foreign criminals within the meaning given by section 32(1) of the UK Borders Act 2007 from benefitting from the transitional provisions.

(5)

The deportation carve out is incompatible with the obligations in Article 14(1)(a) ECAT and contrary to the requirements of sections 63 and 65 of the Nationality and Borders Act 2022 currently in force.