(1) Secretary of State for the Home Department (appellant) v VLT (respondent)(2) Re: S (respondent) v Secretary of State for the Home Department (appellant)

Wednesday 4 – Thursday 5 December 2024

(1) The Secretary of State for the Home Department (SSHD) appeals the decision of the Upper Tribunal Immigration and Asylum Chamber dated 8 February 2024 allowing VLT’s application for judicial review of the SSHD’s decision dated 12 June 2023 to refuse to grant VLT leave to remain as a victim of modern slavery. The UT also declared that “the policy guidance on Discretionary Leave, version 10 published on 16 March 2023, is unlawful in so far as it excludes those individuals subject to deportation proceedings from benefitting from the transitional provisions to the extent identified in the judgment” and ordered the SSHD to grant VLT leave to remain within 28 days absent special circumstances.

(2) The Appellant, the Secretary of State for the Home Department (“SSHD”), appeal against
the decision of the Upper Tribunal Immigration and Asylum Chamber by which the UT ordered the SSHD
to make a decision in respect of the Applicant’s application for permission to remain in the UK as a victim of trafficking “in accordance with DLP [Discretionary Leave Policy] v 10 (thus applying ECAT [Council of Europe Convention on Action against Trafficking in Human Beings] article 14(1)(a) and KTT)”.

View hearing:

Day 1

Part 1

Part 2

Day 2

Part 1