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England and Wales decisions
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Appeals allowed: the Tribunal found the lead appellant faced persecution in Namibia, lacked sufficient state protection, could not reasonably relocate, and also succeeded on human rights grounds.
CGW, R (On the Application Of) v Secretary of State for the Home Department [2026] EWHC 858 (Admin) (13 April 2026)
The High Court quashed a negative Modern Slavery Act Conclusive Grounds decision, holding the reasons were irrational, inadequately reasoned, and failed to engage with key evidence.
The High Court quashed a negative Conclusive Grounds decision under the Modern Slavery Act 2015, finding inadequate reasons, irrationality, and failure to make further inquiries.
The Court of Appeal dismissed extensions of time and leave to appeal, holding there was no basis for section 45 or reasonable-cause arguments and no abuse of process.
Nguyen, R. v [2026] EWCA Crim 388 (27 March 2026)
The Court of Appeal dismissed late criminal appeals by a defendant who pleaded guilty in two cases involving bail and cannabis production, rejecting section 45 and abuse of process arguments.
There was no credible suspicion or evidence that the claimant was at real and immediate risk of trafficking or exploitation within the meaning of Article 4 ECHR at the time of the IRP's decision. Therefore, no Article 4 protective obligation arose, and the IRP did not misapply the law by failing to consider Article 4 ECHR. The IRP's decision to uphold the permanent exclusion was lawful and consistent with statutory guidance.
Source excerpt
The Defendant’s decisions of 14 May 2023, 2 May 2024, and 6 August 2024 were irrational and legally flawed in refusing the Claimant re-entry into MSVCC support to meet his recovery need to access mental health services. Reliance on Reach-In support was not rationally evidenced as capable of meeting the Claimant’s identified need for practical assistance. The refusal of Recovery Rate financial support for transport to ESOL classes was based on an unlawful interpretation of the guidance, but the Defendant’s alternative rationale (availability of asylum support under s.96(2)) was rational. The C…
Source excerpt
Court of Appeal allowed a challenge to drug convictions where the appellant was deprived of advice on a possible s45 Modern Slavery Act defence.
NAA v An Independent Review Panel [2025] EWHC 1845 (Admin) (18 July 2025)
Judicial review over a pupil’s permanent exclusion and alleged failures to notify under the Modern Slavery Act and Article 4 ECHR.
The Court of Appeal refused extensions of time, leave to appeal, and fresh evidence in a case involving claimed modern slavery, drug offending, and sentencing challenges.
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