CTK, R (On the Application Of) v Secretary of State for the Home Department [2025] EWCA Civ 1264 (09 October 2025)

CTK, R (On the Application Of) v Secretary of State for the Home Department [2025] EWCA Civ 1264 (09 October 2025)

Secretary of State acted unlawfully by proposing removal of CTK before allowing reconsideration of the negative reasonable grounds decision, contrary to her own statutory guidance and the Competent Authority's explicit invitation for reconsideration within 30 days. The Judge's grant of interim relief was correct;...

Source-derived case information.

Citation
[2025] EWCA Civ 1264
Parties
Claimant/respondent: CTK; Defendant/appellant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
09 October 2025
Procedural Posture
Judicial Review Appeal / Permission to Appeal and Appeal Hearing
Outcome
Permission to appeal refused; appeal dismissed
Legal Topics
Modern Slavery, Trafficking, Statutory Guidance Compliance, Interim Relief, Removal of Asylum Seekers, Judicial Review
Administrative Law Immigration Law Human Rights Modern Slavery Trafficking Statutory Guidance Compliance Interim Relief Removal of Asylum Seekers +1 more

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Parties

CTK

Claimant/respondent

Secretary of State for the Home Department

Defendant/appellant

Procedural Posture

Judicial Review Appeal / Permission to Appeal and Appeal Hearing

Legal Issues

  1. 1 Whether Secretary of State acted unlawfully in proposing removal contrary to statutory guidance
  2. 2 Whether interim relief should be granted pending reconsideration of trafficking claim
  3. 3 Whether removal before reconsideration violates domestic law and statutory guidance

Ratio Decidendi

Secretary of State acted unlawfully by proposing removal of CTK before allowing reconsideration of the negative reasonable grounds decision, contrary to her own statutory guidance and the Competent Authority's explicit invitation for reconsideration within 30 days. The Judge's grant of interim relief was correct; none of the grounds of appeal were arguable with a realistic prospect of success.

Court Disposition

Permission to appeal refused; appeal dismissed

Orders

  • Secretary of State restrained from removing CTK to France pending reconsideration of trafficking claim
  • CTK's solicitors to use best endeavours to provide representations within 14 days