CTK, R (on the application of) v Secretary of State for the Home Department

CTK, R (on the application of) v Secretary of State for the Home Department

The Secretary of State acted unlawfully by seeking to remove CTK before he could request reconsideration of the negative reasonable grounds decision, as required by statutory guidance and the Competent Authority's decision; interim relief was properly granted to preserve CTK's opportunity to seek reconsideration, and none of the grounds of appeal had a realistic prospect of success.

Parties
Claimant/respondent: THE KING (on the application of CTK); Defendant/appellant: SECRETARY OF STATE FOR THE HOME DEPARTMENT
Jurisdiction
England and Wales
Judgment Date
10 September 2025
Procedural Posture
Judicial Review / Application for Permission to Appeal and Appeal
Outcome
Permission to appeal refused; appeal dismissed.
Legal Topics
Modern Slavery, Trafficking, Statutory Guidance, Interim Relief, Removal of Asylum Seekers, Judicial Review, Balance of Convenience
Administrative Law Immigration Law Human Rights Law Modern Slavery Trafficking Statutory Guidance Interim Relief Removal of Asylum Seekers +2 more

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Parties

THE KING (on the application of CTK)

Claimant/respondent

SECRETARY OF STATE FOR THE HOME DEPARTMENT

Defendant/appellant

Procedural Posture

Judicial Review / Application for Permission to Appeal and Appeal

Legal Issues

  1. 1 Whether the Secretary of State acted unlawfully in proposing to remove CTK before reconsideration of a negative reasonable grounds decision under statutory guidance
  2. 2 Whether the Secretary of State can depart from published policy without good reason
  3. 3 Whether interim relief should be granted to prevent removal pending reconsideration

Ratio Decidendi

The Secretary of State acted unlawfully by seeking to remove CTK before he could request reconsideration of the negative reasonable grounds decision, as required by statutory guidance and the Competent Authority's decision; interim relief was properly granted to preserve CTK's opportunity to seek reconsideration, and none of the grounds of appeal had a realistic prospect of success.

Court Disposition

Permission to appeal refused; appeal dismissed.

Orders

  • Secretary of State restrained from removing CTK to France pending resolution of the application for interim relief and reconsideration request.
  • CTK's solicitors to use best endeavours to provide representations to the Competent Authority within 14 days.