The Applicant was represented by Emma Fitzsimons of the Garden Court Public Law Team, instructed by Tommaso Poli at Duncan Lewis Solicitors.
The Upper Tribunal has allowed a judicial review challenge concerning the Secretary of State’s refusal to consider granting leave to remain to a recognised victim of trafficking, finding that the Home Office unlawfully “shut its ears” to trafficking victim’s case for leave.
The Tribunal held that, although the policy governing Temporary Permission to Stay (“VTS”) lawfully limits applicants to one reconsideration, the Secretary of State retains a discretion to grant leave outside the Immigration Rules.
On the facts, it was unlawful not to consider that discretion in light of updated evidence concerning the Applicant’s mental health and submissions that he faced a real and immediate risk of exploitation in the UK. The Applicant succeeded on grounds of irrationality, inadequate reasoning and failure to consider the protective duty under Article 4 European Convention on Human Rights (ECHR).
The judgment was published on 5 October 2026. Read the full judgment here.
