Home Office’s approach to victims of trafficking found to be unlawful
JP and BS v Secretary of State for the Home Department  EWHC 3346 (Admin)
- Related Member(s):
- Chris Buttler
- Related Practice Area(s):
- Human Rights, Immigration, Asylum and Free Movement
- Administrative Court, High Court
In this case the High Court decided that the Home Office’s approach to protecting victims of trafficking is unlawful.
The test case was brought by two victims of trafficking, who challenged the lawfulness of the Secretary of State’s policy that, in the case of a victim of trafficking who is also making an application for asylum, the Secretary of State will not determine the victim’s application for a residence permit under Article 14(1) of ECAT before making a decision on the asylum application.
The court held that the Defendant breached the rights the claimants under Article 14 (read with Articles 4, 8 and A1P1) of the ECHR, contrary Human Rights Act 1998, s6.
Chris Buttler was involved in this case.