The Court of Appeal has upheld the judgment of the High Court that, while the Secretary of State had failed to comply with the timescales in his own policies concerning the treatment of victims of trafficking, he had established that he could have detained the Appellant on grounds of public order. Therefore, he was not entitled to substantive damages over this period. However, for the period after the date when the Appellant should have been in receipt of a positive conclusive grounds decision, the Secretary of State had failed to show that detention was justified due to very exceptional circumstances. Finally, the Court accepted that the Defendant had lawfully certified the Appellant’s asylum claim as clearly unfounded.
Jennifer Thelen appeared on behalf of the Secretary of State for the Home Department.
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