The WLR Daily case summaries
[2025] WLR(D) 266
Upper Tribunal
Rex (KM (Nigeria)) v Secretary of State for the Home Department
[2025] UKUT 92 (IAC)
2025 Feb 4; March 3
Upper Tribunal Judge Stephen Smith
Immigration— Human trafficking— Victim— Claimant prosecuted for offences arising out of forced criminality forming basis for recognition of status as victim of modern slavery— Secretary of State deciding not to grant discretionary modern slavery leave on ground that claimant’s stay not necessary— Whether Secretary of State’s decision breach of claimant’s right to respect for private and family life— Whether stay to enable claimant to defend criminal charges necessary owing to claimant’s “personal situation”— Whether necessary for purpose of co-operation with competent authorities in investigation or criminal proceedings—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art 8
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Council of Europe Convention on Action against Trafficking in Human Beings (2005) (Cm 7465), art 14(1)