Upper Tribunal Judge Stephen Smith
Upper Tribunal Judge Stephen Smith:
The applicant seeks a declaration that he is entitled to damages under Article 8 of the European Convention on Human Rights (“the ECHR”) consequential to errors of domestic public law in a decision of the Secretary of State dated 12 December 2022 (“the 12 December decision”). By that decision the Secretary of State decided not to grant discretionary leave to the applicant under her Modern Slavery Discretionary Leave policy, version 5.0, dated 10 December 2021 (“the DL policy”). That decision followed a conclusive grounds decision of the Competent Authority dated 10 August 2022 (“the CG decision”) to recognise the applicant as a victim of modern slavery.
- Heading
- Upper Tribunal Judge Stephen Smith
- The issues
- Factual background
- Decision under challenge: the 12 December decision
- Procedural background
- Ground for review
- ECAT and domestic law
- The applicant’s submissions
- The Secretary of State’s submissions
- Issue (1): applicant’s stay not necessary to defend criminal proceedings
- Issue (2): no error on account of the referral of the applicant’s domestic servitude to the police
- Issue 3: no failure to apply anxious scrutiny and applicant’s stay not necessary on account of his mental health conditions
- Article 8 not engaged
- Conclusions
![[2025] UKUT 00092 (IAC)](https://backend.juristeca.com/files/emisores/logo_AioYBzS.png)