News

Interim relief has been granted in a challenge to the Home Office’s Modern Slavery Guidance (version 3.1, March 2023) which was introduced in January 2023 as a result of the Nationality and Borders Act 2022. This policy sets a new threshold that victims must meet in order for the Home Secretary to be satisfied that there are “reasonable grounds” to believe that they are a victim of modern slavery. Victims are now required to provide objective evidence within five working days of their referral into the National Referral Mechanism (“NRM”) – the U.K.’s framework for identifying and supporting victims of trafficking and modern slavery. If they are unable to do so, they will receive a negative reasonable grounds decision and be unable to access much needed support. This is the case even if they meet the three essential components of trafficking which, in line with the previous policy, would have resulted in a positive reasonable grounds decision. Amongst other things, this support would include safe accommodation, psychological therapy, healthcare, legal aid and a designated support worker. Despite accepting that our client’s account met the three necessary components of human trafficking and modern slavery, he received a negative reasonable grounds decision. Under the old guidance, this would have meant a positive decision and eligibility for support. Nevertheless, the client was unable to provide the objective evidence required by the new Guidance and he received a negative decision. He was summarily evicted from an NRM safe house and made homeless by the Home Secretary, putting him at acute risk of re-trafficking. Following the issuing of urgent judicial review proceedings by Duncan Lewis Solicitors over the bank holiday weekend, the High Court granted interim relief for the client’s support and accommodation to be reinstated immediately. A stay of the Home Secretary’s wider policy is further sought on the basis that the new statutory guidance is procedurally unfair and unlawfully means that potential victims can be denied the support and protection they are owed under international human rights law. An interim relief hearing for the above is to be listed on the first available date after 12 June 2023. The team working on this at Duncan Lewis is Shalini Patel, Hannah Baynes, Freya Mutimer, Hannah Jandu, Rhiannon Croker and Thomas Munns Counsel instructed are Chris Buttler KC and Katy Sheridan at Matrix Chambers and Raza Halim at Garden Court Chambers. Duncan Lewis Solicitors’ specialist immigration lawyers are experts in all aspects of human rights, asylum and deportation. The team has achieved significant success on behalf of its clients. It holds a distinguished position in leading bold public interest litigation and in challenging litigation and political conditions that frequently invoke common law, constitutional and human rights arguments. The team has a broad practice representing clients in matters involving immigration, asylum and human rights and deportation matters, with a niche practice in immigration and civil liberties claimant judicial review matters. For advise on all immigration and public law matters, call us today on 033 3772 0409 or email us at contact@duncanlewis.com