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14 October 2021
Issue: 7952 / Categories: Legal News , Human rights , Immigration & asylum
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Home Office policy held unlawful

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Victims of trafficking should be granted leave to remain, the High Court has held in a landmark judgment

Ruling in R (oao KTT) v Home Secretary [2021] EWHC 2722 (Admin), Mr Justice Linden upheld the 33-year-old claimant’s case that she should have been granted leave to remain on the basis it was necessary due to ‘her personal situation ie in order to pursue her asylum and human rights claims based on her fear of being re-trafficked if she is returned to Vietnam’.

Linden J held Home Office policy on discretionary leave for victims of modern slavery breached Art 14 of the Council of Europe Convention on Action Against Trafficking of Human Beings 2005, and was therefore unlawful. The decision will help thousands of trafficking victims.

The claimant suffers significant mental health issues as a result of being forced to work as a prostitute and on cannabis farms, Linden J said, and was unable to work, claim universal credit or gain training and education unless granted leave to remain.

Issue: 7952 / Categories: Legal News , Human rights , Immigration & asylum
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