Exploring the issues of detention after being a victim of trafficking (R (on the application of XYL) v Secretary of State for the Home Department)

Table of contents

• Original news
• What was the background to the case?
• What issues arose for the court’s consideration?
• What did the court decide and why?
• To what extent is the judgment helpful in clarifying the law in this area?
• Are there still any grey areas for which practitioners will need to watch out?

Article summary

Immigration analysis: The correct approach to detention pending removal of a potential victim of trafficking is considered by Shu Shin Luh, barrister, of Garden Court Chambers, and Kirsten Powrie, solicitor, of Wilson Solicitors LLP, in the light of the Administrative Court’s decision in R (on the application of XYL) v Secretary of State for the Home Department.