The High Court has held that the Home Office operated a secret policy denying victims of trafficking and modern slavery leave to remain.
In October 2021, the Hugh Court held in the case of KTT v SSHD that the Home Office was required to grant leave to remain to all those who have claimed asylum, and have been recognised as victims of modern slavery, whilst their asylum claim is being considered.
Despite this clear judgement, it appears that many have not been granted leave to remain as per the judgement.
A claim was brought challenging the Home Office on behalf of an Albania national who was recognised as a victim of modern slavery. Despite his pending asylum claim, he was refused leave to remain on two occasions. On both occasions, the Home Office hid those refusal decisions, leaving the claimant unable to challenge the decision.
On 23rd January 2024, the High Court held that the Home Office ran a secret policy until April 2023 to prevent people from obtaining leave to remain. It is estimated that at least 15,000 people were not granted leave to remain to which they were entitled.
Understandably, this will no doubt have caused anxiety and stress for many who are left without leave and, therefore, hesitant to obtain the support they require.
Should you believe that you were unfairly refused leave to remain, contact us to discuss your options today.
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