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

Subject Matter

IMMIGRATION — Human trafficking — Victim — Secretary of State failing to decide whether to grant victim of modern slavery discretionary leave to remain pending outcome of asylum claim — Whether Secretary of State operating secret policy contrary to effect of published policy on grant of leave to remain — Whether refusal to consider victim’s entitlement to leave breaching Convention rights — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 8, 14 — Convention on Action against Trafficking in Human Beings 2005, art 14(1)(a)

[2024] EWHC 81 (Admin); [2024] 1 WLR 2272; [2024] WLR(D) 32, KBD

Commentary

UK Constitutional Law Association
Paused Policies, Secret Policies and the Rule of Law: XY v Secretary of State for the Home Department Case comment

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