KM (Nigeria), R (On the Application Of) v Secretary of State for the Home Department (ECAT: where stay necessary)
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What was at stake
The central issue in this judicial review case is to determine the conditions under which a stay is necessary within the Early Consideration of Asylum Tribunal (ECAT) process, specifically impacting a Nigerian national.
What the court decided
The Upper Tribunal held that a confirmed victim of modern slavery's right to a residence permit because their "stay is necessary owing to their personal situation" under Article 14(1)(a) ECAT does not extend to remaining in the UK to defend criminal proceedings arising from forced criminality; that falls outside Chapter III's protective purpose. On Article 14(1)(b), where the Competent Authority has referred a positive conclusive grounds decision to the police and the police confirm the person's presence is not required to investigate or prosecute offences, no further steps are required of the Secretary of State. The SSHD also lawfully assessed mental-health needs against treatment available in Nigeria, and the refusal of modern slavery discretionary leave did not engage Article 8 ECHR. The applicant's challenge accordingly failed.
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