[2024] UKUT 00067 (IAC)

The VTSP clearly states under the section on ‘policy intention’ that it represents a shift in policy intention as regards how the Secretary of State complies with its obligations under ECAT. It states:

“As discussed in the section below on The Council of Europe Convention on Action against Trafficking in Human Beings (ECAT) this guidance represents a shift in our policy intention as regards how the Secretary of State complies with obligations regarding grants of renewable residence permits to victims of modern slavery under ECAT.

As set out below, ECAT is clear that under Article 14 signatory states can elect whether to grant a residence permit in the circumstances described in 14(1)(a) or 14(1)(b) or in both.

From the date of this guidance the Secretary of State will grant VTS in the circumstances described in Article 14(1)(b) as mirrored in s65(2)(c) of the Nationality and Borders Act 2022 (NAB Act). The Secretary of State will also grant VTS in compliance with section 65 of the NAB Act. This is not because she considers that, other than s65(2)(c) as discussed above, this is required by ECAT (or any other international obligations), but because she has been bound to do so by Parliament as a matter of domestic law.”

In the section dealing with International Obligations: ECAT it states:

“Historically the Secretary of State’s policy intention was to grant leave in both situations (14(1)(a) and 14(1)(b)). However, the Secretary of State has decided to change the policy approach as follows with effect from the date of this Guidance. From this date the UK will fulfil its obligations regarding grants of renewable residence permits to victims of modern slavery through the grant of temporary permission to stay (VTS) as follows:

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the Secretary of State will grant VTS in the circumstances described in Article 14(1)(b) and accordingly s65(2)(c) of the Nationality and Borders Act (NAB Act) mirrors ECAT Article 14(1)(b)

•

the Secretary of State will also grant VTS in compliance with section 65 of the NAB Act - this is not because she considers that, other than s65(2)(c) as discussed above, this is required by ECAT [or any other international obligations], but because she has been bound to do so by Parliament as a matter of domestic law.

References in this guidance to when VTS leave may be granted for reasons beyond those in 65(2)(c) of the NAB Act are not intended to fulfil A14(1)(a) but is a matter of domestic policy only as set out in s65 of the NAB Act.”