[2025] UKUT 00092 (IAC)

Issue (1): where a recognised victim of modern slavery is prosecuted for offences arising out of the forced criminality that formed a basis for the Competent Authority’s recognition of his or her status as a victim of modern slavery, the Secretary of State is not required by Article 14(1)(a) of ECAT to consider that their “stay is necessary owing to their personal situation” in order for the individual to rely on the Article 26 non-punishment provision, or otherwise defend the criminal charges on the basis of being a victim of modern slavery.

Issue (2): where the Secretary of State is satisfied that the Competent Authority referred a positive conclusive grounds decision to the police, and where the police have confirmed that the individual’s presence in the United Kingdom is not required for the purposes of investigating or prosecuting any criminal offences, no further steps are required by the Secretary of State when determining whether a person’s stay is necessary for the purposes of cooperating with the police and prosecuting authorities in investigation or criminal proceedings for the purposes of Article 14(1)(b) of ECAT.

Issue (3): the Secretary of State addressed the Thomas report with sufficient care and there is no basis to conclude that the Secretary of State addressed the question of whether the applicant’s psychiatric needs could be met if returned to Nigeria on an incorrect or insufficient basis.

Article 8 ECHR was not engaged by the 12 December decision in the circumstances of these proceedings.