The WLR Daily case summaries
[2022] WLR(D) 219
Queen’s Bench Division
Regina (BVN) v Secretary of State for the Home Department
[2022] EWHC 1159 (Admin)
2022 April 5; May 16
Bourne J
Immigration— Human trafficking— Victim— Claimant identified by competent authority as a potential victim of human trafficking and referred via National Referral Mechanism— Claimant detained under immigration powers— Claimant asking about return to home country and being informed that withdrawal of his trafficking and asylum claims would expedite that matter— Claimant withdrawing claims without receiving further information or advice— Whether Secretary of State’s guidance unlawful in allowing potential victim of trafficking to withdraw from referral mechanism without imposing requirement of informed consent— Whether grant of unconditional bail to person in immigration detention precluding Home Office from imposing reporting condition—
Council of Europe Convention on Action against Trafficking in Human Beings (2005) (Cm 7465), art 14
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Human Rights Act 1998 (c 42), Sch 1, Pt I, art 4
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Modern Slavery Act 2015 (c 30), s 49