Victims of trafficking may stay for a year and a day
22 May 2013
As a result of recent judicial review proceedings, UKBA have reviewed their policy on trafficking, which surfaced last month when they published an amended policy on discretionary leave.
The new policy states that discretionary leave should now be granted where the UK Competent Authority has conclusively identified the applicant as a victim of trafficking and
- the personal circumstances of the case are so compelling that a grant of leave is considered appropriate, or
- where the individual is cooperating with the police in an ongoing police investigation into their trafficking case and their presence is required in the UK by the police for this purpose.
The period of leave will depend on the individual facts of the case but must not be less than 12 months and 1 day and no more than 30 months (2.5 years). Further leave may be granted where appropriate.
UKBA state that the minimum period of leave ensures that a victim of trafficking who is refused asylum but granted discretionary leave has a right of appeal against the rejection of their asylum claim by virtue of Section 83(1)(b) of the Nationality, Immigration and Asylum Act 2002.
For more information, see UKBA's published policy and the relevant section at paragraph 4.5.
