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

Subject Matter

IMMIGRATION — Human trafficking — Victim — Secretary of State’s guidance allowing potential victim of trafficking to withdraw from National Referral Mechanism without imposing requirement of informed consent — Whether guidance unlawful — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 4 — Modern Slavery Act 2015 (c 30), s 49(1) — Council of Europe Convention on Action against Trafficking in Human Beings (2012) (Cm 8414), arts 12, 13

[2022] EWHC 1159 (Admin); [2023] QB 425; [2022] 3 WLR 610; [2022] WLR(D) 219, QBD

JUDICIAL REVIEW — Bail — Civil proceedings — High Court granting immigration detainee conditional bail pending claim for judicial review — Secretary of State purporting to impose additional condition pursuant to power to grant conditional immigration bail — Whether Secretary of State entitled to do so — Whether imposition of additional condition reducing scope of liberty granted by High Court order — Immigration Act 2016 (c 19), Sch 10, paras 1, 2

[2022] EWHC 1159 (Admin); [2023] QB 425; [2022] 3 WLR 610; [2022] WLR(D) 219, QBD

Commentary

Free Movement
Home Office has no power to vary High Court bail conditions Case comment