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SSHD withdraws its decision to refuse discretionary leave to remain to a victim of trafficking and is ordered to pay damages (4 August 2021)

Date: 04/08/2021
Duncan Lewis, Main Solicitors, SSHD withdraws its decision to refuse discretionary leave to remain to a victim of trafficking and is ordered to pay damages

The Claimants’, CP and AMB are confirmed victims of human trafficking/modern slavery. The Secretary of State for the Home Department refused to grant the Claimants’ discretionary leave to remain as victims of trafficking/modern slavery based on their personal circumstances.

Both Claimants’ suffered from PTSD and depression as a result of their trafficking experiences. There was clear medical evidence that the Claimants’ immigration limbo aggravated their mental health, impeded recovery and prevented them from effectively engaging with necessary therapy.

We brought judicial review proceedings on behalf of CP and AMB. The Defendant conceded in both cases, agreeing to reconsider the discretionary leave to remain decision and admitted liability that she was in breach of the Claimants’ rights pursuant to Article 14 ECHR.

Shortly after the Defendant’s concession, CP was granted asylum which ended his immigration limbo. The Secretary of State also awarded £35,000 in damages plus costs.

AMB was subsequently granted discretionary leave to remain for 12 months to allow him to engage in trauma therapy. We are currently in the process of negotiating damages.

These judicial review proceedings are part of a number of similar cases challenging the Secretary of State’s for the Home Department’s failure to grant discretionary leave to remain to survivors of trafficking, where the stay in the UK of an asylum-seeking survivor of trafficking is “necessary” pending the final determination of the asylum claim because there is a statutory bar to removal.

The Duncan Lewis legal team is Primisha Chudasama, Monika Glowacka and Ahmed Aydeed. Counsel instructed is Chris Buttler QC and Zoe McCallum of Matrix Chambers.

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