(C) OpenDemocracy This story was originally published by OpenDemocracy and is unaltered. . . . . . . . . . . Modern slavery: Home Office secretly blocked right to stay for trafficking victims [1] [] Date: 2024-02 The Home Office ignored a High Court ruling that gave trafficking survivors permission to stay in the UK and instead had a secret policy to block their applications. Around 1,500 survivors of modern slavery may have been denied support from the government as a result of its unlawful behaviour, which carried on for almost 18 months after the 2021 judgement. Suella Braverman, while home secretary, even asked her staff whether “doing nothing was an option” when an appeal against the ruling failed. Last week the High Court ruled the Home Office had broken the law with its secret policy, which involved stalling applications without reason. The case centred around a 22-year-old Albanian man who was denied leave to remain in the UK even after the Home Office accepted he was a victim of modern slavery. What do you think? Win a £10 book voucher for sharing your views about openDemocracy. Tell us The victim, who has not been named, was kidnapped and trafficked in Albania when he was 16 years old and forced to sell drugs by a criminal gang. His uncle helped him to escape to the UK in 2018 where he claimed asylum. The Home Office recognised the man as a trafficking survivor in 2021, the same year the department was ordered by the High Court to give anyone confirmed to be a victim of trafficking discretionary leave to remain in the UK while they await a decision on their asylum claims. But the Home Office continued to deny the trafficking survivor leave to remain in the UK for another 18 months. During that time, he was unable to work and access the financial support for which he was eligible and his mental health deteriorated. In November, the charity Asylum Aid took the Home Office to the High Court on the 22-year-old’s behalf after it repeatedly refused to give him a decision on his application. During the trial, he told the court he feared he would be forced back into the hands of his abusers. “I feel like I am living on a cliff edge and the support I have around me in the UK might all be taken away,” he said. Then home secretary Priti Patel signed off on a decision in February 2022 to withhold giving trafficking victims leave just three months after she was ordered to do so by the High Court, documents released as part of the trial show. The Home Office then failed twice to overturn the ruling in the courts, but nevertheless continued operating its policy. In January 2023, ministers were once again asked by officials to approve giving trafficking victims leave to remain months after a final bid to challenge the law in the Supreme Court failed. Then home secretary Suella Braverman was advised that 1,500 trafficking survivors had unlawfully had their leave to remain withheld. Officials warned her that a proposal to reverse the law would attract criticism from MPs in her own party, including “specifically lain Duncan Smith and Theresa May”, both of whom have advocated for modern slavery protections. Despite this, Braverman responded to officials by asking whether “doing nothing was an option” but was told this was not possible, the High Court heard. The Home Office eventually made a decision to grant trafficking victims discretionary leave to remain in March 2023, 17 months after it was first legally required to do so. Alison Pickup, director of Asylum Aid, said it was “shocking” that the Home Office had operated “a secret, unpublished policy” for recognised survivors of trafficking. “The deliberate withholding of decisions not only left vulnerable people like our client in limbo, but also sought to prevent anyone from finding out about the unpublished policy, and therefore being able to challenge it. “It is appalling that this happened to those who are most in need of stability, security, and dignity while they waited for the outcome of their protection claim,” she said. A Home Office spokesperson said, “We note the findings of this judgement and will consider its implications. “The pause in decision making for certain applications for Modern Slavery Discretionary Leave is no longer in place and was replaced on 30 January 2023.” [END] --- [1] Url: https://www.opendemocracy.net/en/discretionary-leave-to-remain-trafficking-victims-ktt-asylum-aid/ Published and (C) by OpenDemocracy Content appears here under this condition or license: Creative Commons CC BY-ND 4.0. via Magical.Fish Gopher News Feeds: gopher://magical.fish/1/feeds/news/opendemocracy/