[2025] UKUT 00092 (IAC)

R (on the application of KM (Nigeria)) v Secretary of State for the Home Department (ECAT: where stay necessary)

Heard at Field House

Date of judgment: 28 February 2025

Before:

UPPER TRIBUNAL JUDGE STEPHEN SMITH

Between:

THE KING

on the application of

KM (Nigeria)

(ANONYMITY DIRECTION MADE)

Applicant

- and -

Secretary of State for the Home Department

Respondent

Mr C. Buttler KC and Ms Z. McCallum

(instructed by South West London Law Centre) for the applicant

Mr W. Irwin

(instructed by Government Legal Department) for the respondent

(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 the Council of Europe Convention on Action Against Trafficking in Human Beings (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.

(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.

J U D G M E N T