PM (R on the application of) v Secretary of State for the Home Department
[2023] EWHC 1551 (Admin)
EXC, R (on the application of) v The Secretary of State for the Home Department
30 April 2024
[2024] EWHC 935 (Admin)
High Court
A man who was a victim of modern slavery had his support taken away when he was briefly in immigration detention. The judge said the government didn't follow the rules when they did that, and ordered them to give the man his support back until the case is finished. The judge was worried the man would become homeless and unwell without the support.
Key Facts
- •Claimant, a 23-year-old Albanian national, was a victim of modern slavery in the UK.
- •He was granted reasonable grounds and then conclusive grounds decisions as a victim of modern slavery.
- •He received support under the Modern Slavery Victim Care Contract (MSVCC) but was withdrawn from the program when he entered immigration detention.
- •He sought re-entry into the MSVCC but was refused.
- •The Claimant argues he was unlawfully denied support under the MSVCC.
- •The Claimant's mental health has suffered due to his experiences, including suicidal ideations and self-harm.
Legal Principles
The Secretary of State has a public law duty to properly understand and give effect to the terms of his own guidance, unless there are reasonable grounds not to.
Modern Slavery Act 2015, s49 and associated Guidance
The MSVCC is intended to provide support for victims of modern slavery to help them rebuild their lives, including a needs-based assessment and journey plan.
Modern Slavery: statutory guidance for England and Wales
The Guidance provides for a process of exiting the MSVCC following a Recovery Needs Assessment and ensures alternative support is in place.
Modern Slavery: statutory guidance for England and Wales, paras 7.12, 8.23, 8.24
A victim of trafficking may be at real and immediate risk of re-trafficking even after escaping their traffickers, requiring careful assessment.
R (TDT (Vietnam)) v Secretary of State for the Home Department [2018] 1 WLR 4922
Outcomes
Permission granted for the Claimant to challenge the decision to refuse him re-entry into the MSVCC.
The Claimant has a good arguable case that he was unlawfully denied support and the balance of convenience favors reinstating support pending the resolution of the case.
Interim relief granted: The Claimant will be treated as entitled to support under the MSVCC scheme until trial or further order.
The balance of convenience favors granting continuing support to prevent destitution and further harm to the Claimant's mental health.
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