EOG v Secretary of State for the Home Department

EOG v Secretary of State for the Home Department

ECAT Article 10.2 does not require the UK to grant leave to remain to potential victims of trafficking during the identification period; it only imposes a negative obligation not to remove them. Article 14.1(a) requires the grant of a residence permit to confirmed victims if their stay is necessary owing to their personal situation, including pending asylum claims related to trafficking. The Secretary of State's policy must comply with Article 14.1(a) as declared in guidance.

Parties
Claimant/respondent: EOG; Claimant/respondent: KTT; Defendant/appellant: Secretary of State for the Home Department; Intervener: The AIRE Centre
Jurisdiction
England and Wales
Judgment Date
17 March 2022
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in EOG; appeal dismissed in KTT.
Legal Topics
Victims of Trafficking, Leave to Remain, ECAT Compliance, Modern Slavery, Discretionary Leave, Asylum, Judicial Review
Public Law Immigration Law Human Rights Victims of Trafficking Leave to Remain ECAT Compliance Modern Slavery Discretionary Leave +2 more

Case Brief

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Parties

EOG

Claimant/respondent

KTT

Claimant/respondent

Secretary of State for the Home Department

Defendant/appellant

The AIRE Centre

Intervener

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Secretary of State's policy on leave to remain for victims of trafficking complies with ECAT
  2. 2 Whether ECAT imposes obligation to grant leave to potential victims during identification period
  3. 3 Whether confirmed victims must be granted leave pending asylum claims under ECAT Article 14.1(a)

Ratio Decidendi

ECAT Article 10.2 does not require the UK to grant leave to remain to potential victims of trafficking during the identification period; it only imposes a negative obligation not to remove them. Article 14.1(a) requires the grant of a residence permit to confirmed victims if their stay is necessary owing to their personal situation, including pending asylum claims related to trafficking. The Secretary of State's policy must comply with Article 14.1(a) as declared in guidance.

Court Disposition

Appeal allowed in EOG; appeal dismissed in KTT.

Orders

  • Set aside Mostyn J’s order and dismiss EOG’s claim.
  • Dismiss Secretary of State’s appeal in KTT.