[2025] UKUT 00092 (IAC)

By the 12 December decision, the Secretary of State decided not to grant MS leave to the applicant. In doing so, the Secretary of State stated that she had applied the three criteria contained in DL policy, namely to consider whether leave was necessary:

The decision explained that the police force investigating those responsible for the applicant’s forced criminality had confirmed that the applicant was not required to remain in the UK to assist the investigation or prosecution. MS leave was not necessary to assist the applicant’s recovery from a health perspective; the over-the-counter medication used by the applicant (Nytol) was available in Nigeria, and the applicant would be able to access it there. The applicant was not at risk of being re-trafficked or being returned to the situation of modern slavery.

The 12 December decision was maintained, with additional reasons responding to proposed grounds of challenge, by a pre-action protocol response dated 30 January 2023. That letter added that there was no requirement in the DL policy for victims of slavery to be granted MS leave in order for them to participate in a criminal trial as a defendant.

Meanwhile, the applicant had made representations to the CPS about the circumstances in which the offences with which he stood charged were committed, relying on the CG decision and other materials. By a decision notified to the applicant on 9 February 2023, the CPS stated that an evidential review of the applicant’s case had concluded that the Crown would not be able to disprove the defence contained in section 45 of the Modern Slavery Act 2015 (“the 2015 Act”). Consequently, the prosecution offered no evidence.

On 7 August 2023, the applicant was granted 30 months’ leave to remain pursuant to the human rights claim he made on 8 July 2018.