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Question for Home Office

UIN 129973, tabled on 27 February 2018

To ask the Secretary of State for the Home Department, with reference to the judgment in the case of PK (Ghana) v Secretary of State for the Home Department, whether victims of modern slavery with a positive conclusive grounds decision will remain in receipt of National Referral Mechanism support until (a) her Department publishes its updated guidance on discretionary leave to remain and (b) a decision has been made on those cases in accordance with that updated guidance.

Answered on

6 March 2018

The Court of Appeal issued a judgment in the case of (PK(Ghana) v SSHD) on 13 February 2018. We are considering the implications of the judgment.

Whilst we consider next steps interim guidance has been issued to caseworkers to put on hold any refusals of discretionary leave to remain decisions for confirmed victims of modern slavery on. Grants of discretionary leave are continuing. This guidance is available at:

https://www.gov.uk/government/publications/interim-operation-guidance-discretionary-leave-for-victims-of-modern-slavery

In line with standard practice, support providers under the Victim Care Contract can seek an extension of support for confirmed victims who are awaiting a discretionary leave decision.

Answered by

Home Office