
Free Movement, a leading immigration and asylum law publication, has featured our recent successful challenge on behalf of a trafficking victim who was unlawfully refused leave to remain by the Home Office.
The Case
The article, written by caseworker Freya Wainstein, details our challenge on behalf of YX, a highly vulnerable victim of human trafficking and modern slavery. Shortly before what was set to be the first substantive hearing of its kind, the Home Office made a U-turn and agreed to reconsider their refusal to grant temporary permission to stay for victims of trafficking (VTS leave).
The case highlighted the Home Office's failure to properly apply the statutory criteria under section 65 of the Nationality and Borders Act 2022, including their failure to adopt a holistic, victim-centred approach when assessing applications.
Why This Matters
This case builds on Duncan Lewis's earlier group challenge in 2024 on behalf of 12 clients refused VTS leave, which resulted in the Home Office agreeing to review their policy. These cases demonstrate systemic problems with how the Home Office assesses VTS leave applications, resulting in vulnerable trafficking survivors being unlawfully denied protection.
The article in Free Movement ensures that this important precedent reaches the wider legal community and can assist other practitioners working with trafficking victims.
Read the Full Article
To read the complete article on Free Movement, click here.
Our Team
YX was represented by solicitors Angelo Monni and Lily Parrot of Duncan Lewis, with assistance from caseworkers Freya Wainstein and Beth Scott. Catherine Meredith of Doughty Street Chambers was instructed as counsel.
About Duncan Lewis Solicitors
Duncan Lewis is one of the UK's largest legal aid firms, with offices nationwide providing expert legal advice and representation across a wide range of practice areas. Our Public Law and Immigration departments have extensive experience in all aspects of immigration and asylum law, representing clients in some of the most complex and high-profile cases. We are committed to providing access to justice and delivering outstanding legal services to our clients.
For more information about our work in this area, or if you require assistance with a trafficking-related immigration matter, please contact our Public Law team.