Secretary of State to reconsider application for discretionary leave to remain in Modern Slavery case

Following a Judicial Review request concerning an application for discretionary leave to remain for a confirmed victim of modern slavery, the Secretary of State has agreed to reconsider the decision. The Claimant was refused discretionary leave to remain despite being a victim of modern slavery. The Claimant argued that by refusing to regularise her immigration status, the Secretary of State had failed to discharge her responsibilities under the Council of Europe Convention on Action against Trafficking in Human Beings and Article 4 of the European Convention of Human Rights. Moreover, the Claimant argued that the Secretary of State had acted unlawfully by applying guidance which had been ruled unlawful in the case of R(EOG and KTT) v Secretary of State for the Home Department [2022] EWCA Civ 307. The Claimant was represented by Joe Thomas who was instructed by Gergana Pentcheva of Duncan Lewis Solicitors.