R (on the application of Hoang) v Secretary of State for the Home Department

Immigration – Leave to remain. The claimant sought judicial review of the competent authority's decisions finding no reasonable grounds for concluding that he had been trafficked from Vietnam to Russia or onward from Russia to the United Kingdom. The Administrative Court, in allowing the application, held that the reasonable grounds decisions had been flawed by failures to address the right question, to apply the right burden of proof, and failures to apply the sympathetic and inquisitorial approach to credibility advocated in the defendant Secretary of State's guidance. That also constituted a breach of the duty of inquiry, under art 4 of the European Convention on Human Rights.

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