R (on the application of FM) v Secretary Of State For The Home Department

Immigration – Leave to remain. The claimant sought judicial review of the defendant Secretary of State's decision that she had been trafficked, but did not qualify for discretionary leave to remain. The Administrative Court, in allowing the application, held that the Secretary of State had erred in considering the claimant's failure to co-operate with police when she had not made a referral to the police for over a year. Further, the Secretary of State had failed to consider a psychiatrist's recommendation. Accordingly, the decision refusing discretionary leave would be quashed and a declaration that the claimant's rights under art 4 of the European Convention on Human Rights had been breached would be made.

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