R (MD) v Secretary of State for the Home Department

Subject Matter

HUMAN RIGHTS — Human trafficking — Victim — Claimant single mothers recognised as asylum seekers and victims of trafficking — Claimants receiving asylum support but not entitled to financial support for child dependants available to non-asylum-seeking victims of trafficking on mainstream benefits — Whether difference in treatment unlawfully discriminatory — Whether Secretary of State’s policy irrational — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 4, 14, Pt II, art 1 — Modern Slavery Act 2015 (c 30), s 49(1) — Council of Europe Convention on Action against Trafficking in Human Beings (2005) (Cm 7465)

[2021] EWHC 1370 (Admin); [2021] PTSR 1680; [2021] WLR(D) 300, QBD

HUMAN RIGHTS — Human trafficking — Victim — Claimant single mothers recognised as asylum seekers and victims of trafficking — Claimants receiving asylum support but not entitled to financial support for child dependants available to non-asylum-seeking victims of trafficking on mainstream benefits — Whether difference in treatment unlawfully discriminatory — Whether award of damages necessary — Human Rights Act 1998 (c 42), s 8, Sch 1, Pt I, arts 4, 14, Pt II, art 1 — Modern Slavery Act 2015 (c 30), s 49(1) — Council of Europe Convention on Action against Trafficking in Human Beings (2005) (Cm 7465)

[2022] EWCA Civ 336; [2022] PTSR 1182; [2022] WLR(D) 128, CA

Appellate History

Commentary

Free Movement
Home Office accidentally discriminates against trafficking victims with kids Case comment

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