Queen’s Bench Division
Regina (K and another) v Secretary of State for the Home Department
[2018] EWHC 2951 (Admin)
2018 Oct 30, 31; Nov 8
Mostyn J
ImmigrationHuman traffickingAssistance and support to victimEuropean Union Directive providing that assistance and support should include minimum measures necessary to enable victim of trafficking to recover and escape from traffickers and include standards of living capable of ensuring victims’ subsistenceWhether Secretary of State’s purported reduction in subsistence payments for victims of trafficking breaching terms of contract with service administratorWhether victim of trafficking entitled to “subsistence” payment greater than that payable to asylum seekerWhether subsistence for victim of trafficking only minimum necessary to stave off destitutionNeed for Government to provide statutory guidance Modern Slavery Act 2015 (c 30), s 49 [1] Council Directive 2003/9/EC, art 13(2) [2] Parliament and Council Directive 2011/36/EU, recital (18), art 11(5) [3]

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