Powered by Lexis+®
Jurisdiction(s):
United Kingdom

EWCA upholds deportation carve‑out from KTT discretionary leave: two‑tier regime for trafficking victims; re‑trafficking risk alone insufficient; NABA 2022 prevails over ECAT

Published on: 14 March 2025

Published by a LexisNexis Immigration expert
Legal News
imgtext
Article summary

Court of Appeal confirms deportation exclusion affecting trafficking victims (SSHD v VLT & S) Secretary of State for the Home Department v S (Advice on Individual Rights in Europe (AIRE) Centre intervening); Secretary of State for the Home Department v VLT (Advice on Individual Rights in Europe (AIRE) Centre intervening) [2025] EWCA Civ 188

What are the practical implications of this case?

Representatives acting for clients with CG concluded before 31 January 2023, and with an outstanding re‑trafficking protection claim, may inform them they qualify for KTT‑derived discretionary leave (‘the concession’). They may seek temporary leave owing to that unresolved protection claim. The applicable test, drawn from KTT, is whether leave is required by their ‘personal circumstances’. However, those subject to a deportation order are excluded from the concession. Instead, they must meet the same statutory threshold as everyone else: namely, that their continued presence is necessary to assist recovery. The judgment produces a two‑tier position among VOTs with CG before 31 January 2023 (para 111). Individuals in the deportation tier may encounter practical obstacles. In practice, advisers should distinguish concession cases from deportation cases when advising affected VOTs, as the court envisaged two tiers. Particular issues may persist...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Popular documents

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Read More Right Arrow

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Read More Right Arrow

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Read More Right Arrow

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...

Read More Right Arrow