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Challenge to the lawfulness of the Secretary of State’s policy regarding grants of leave to remain to potential victims of human trafficking. Robin Tam KC and William Irwin represented the Secretary of State.
The Claimant was a New Zealand national who had been recognized as a potential victim of trafficking by the Secretary of State. She wished to be considered for leave to remain and said that the Secretary of State’s policy regarding grants of leave to victims of trafficking was defective because the policy provided for grants of leave only for confirmed victims of trafficking, not for potential victims of trafficking.
The court held that there was an unlawful lacuna in the Secretary of State’s policy and granted declaratory relief to the Claimant.