JB (Ghana), R (On the Application Of) v Secretary of State for the Home Department [2022] EWCA Civ 1392 (25 October 2022)

JB (Ghana), R (On the Application Of) v Secretary of State for the Home Department [2022] EWCA Civ 1392 (25 October 2022)

Paragraph 15.37 of the March 2020 Modern Slavery Act Statutory Guidance, as objectively interpreted, entitled asylum seekers who were also potential victims of trafficking and receiving asylum support to a total of £65 per week, regardless of whether their accommodation was full-board or self-catered. The court...

Source-derived case information.

Citation
[2022] EWCA Civ 1392
Parties
Claimant/respondent: JB (Ghana); Defendant/appellant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
25 October 2022
Procedural Posture
Judicial Review Appeal / Court of Appeal (civil Division)
Outcome
Appeal dismissed; judgment for JB.
Legal Topics
Modern Slavery, Asylum Support, Statutory Guidance Interpretation, Financial Support for Victims, Policy Interpretation
Immigration Public Law Human Rights Modern Slavery Asylum Support Statutory Guidance Interpretation Financial Support for Victims Policy Interpretation

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Parties

JB (Ghana)

Claimant/respondent

Secretary of State for the Home Department

Defendant/appellant

Procedural Posture

Judicial Review Appeal / Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether paragraph 15.37 of the March 2020 Modern Slavery Act Statutory Guidance entitles asylum seekers who are also potential victims of trafficking in full-board accommodation to a total of £65 per week in financial support.
  2. 2 Whether the guidance should be interpreted objectively or with reference to the Secretary of State's presumed intention.
  3. 3 Whether the court can correct alleged drafting errors in policy documents.

Ratio Decidendi

Paragraph 15.37 of the March 2020 Modern Slavery Act Statutory Guidance, as objectively interpreted, entitled asylum seekers who were also potential victims of trafficking and receiving asylum support to a total of £65 per week, regardless of whether their accommodation was full-board or self-catered. The court rejected the Secretary of State's arguments for purposive interpretation, correction of alleged drafting errors, and reading in words, holding that the policy must be construed according to its plain language as understood by a reasonable person.

Court Disposition

Appeal dismissed; judgment for JB.

Orders

  • Secretary of State to pay JB the difference between the sums previously paid and £65 per week for the relevant period (31 March – 28 August 2020).