Upper Tribunal finds refusal to grant a victim of trafficking Indefinite Leave to Remain is unlawful

21.08.17 | |


In R(FT) v SSHD [2017] UKUT 00331 Mrs Justice Cheema-Grubb and Upper Tribunal Judge Blum found that the SSHD’s refusal to grant FT, a recognised victim of trafficking, indefinite leave to remain (ILR) was unlawful. The case considers the SSHD’s policy on grants of leave to victims of trafficking on account of their personal circumstances. The Tribunal accepted that the SSHD’s misconduct in handling FT’s case, which had significantly undermined FT’s recovery and worsened his mental health, was a relevant factor in deciding the duration of leave granted. The judgment makes clear that a broad range of factors must be considered in determining whether a victim of trafficking’s personal circumstances are such that leave should be granted and, if so, for what duration. 

 

Michelle Knorr was counsel for FT instructed by Nina Rathbone-Pullen at Wilson Solicitors LLP.

A link to the judgment can be found here

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