R (CTK) v Secretary of State for the Home Department

09/10/2025

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Citation

[2025] EWCA Civ 1264

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Sian Reeves appeared for the SSHD in her application for permission to appeal to the Court of Appeal against the interim relief order made by Sheldon J on 16 September 2025 at the conclusion of an out of hours hearing. The SSHD sought to remove the Claimant to France, pursuant to the  agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the French Republic on the Prevention of Dangerous Journeys.

CTK claimed that he was the victim of trafficking. That claim was referred to the National Referral Mechanism (“the NRM”). The Competent Authority under the NRM (“the Competent Authority”) decided that there were no reasonable grounds for believing that CTK was a victim of trafficking. In accordance with the statutory guidance then in force, and which applied to the Competent Authority in deciding CTK’s case, negative reasonable grounds decision said that CTK could apply for a reconsideration of that decision within 30 days. The SSHD confirmed to Sheldon J during the hearing that, if CTK were removed to France, the Competent Authority would not reconsider the decision and would not receive further evidence from CTK. Sheldon J granted a short period of interim relief, refraining the SSHD from removing CTK to France, so as to give CTK an opportuning to make representations to the NRM with respect to reconsideration of the reasonable grounds decision.  His order provided that CTK’s solicitors were to use their best endeavours to provide those within 14 days; there would then be a discussion about further directions.

At a rolled-up hearing on 23 September 2025, the Court of Appeal refused permission to appeal on all four of the SSHD’s grounds of appeal. In summary, permission was refused on the basis that Sheldon J made no error of law or of principle, particularly in his conclusion that there was a serious issue to be tried as to whether the SSHD acted unlawfully, in domestic law, in proposing to remove CTK the next day when her own Statutory Guidance provided at the relevant time for an opportunity for CTK to make a request for reconsideration within 30 days of the relevant decision. 

A link to the judgment can be found here.