VDA v Secretary of State for the Home Department
[2024] UKSC 34
Ratio Decidendi
Potential victims of trafficking who receive a positive reasonable grounds decision under the National Referral Mechanism are entitled to support and assistance, and removal during the reflection period would be unlawful.
Facts
A Vietnamese national was identified as a potential victim of trafficking. She was threatened with removal before the NRM process was completed. She challenged the decision.
Judgment Summary
The Supreme Court held that the government's duty to support potential trafficking victims arises once a positive reasonable grounds decision is made, and removal during the reflection and recovery period is unlawful.
Key Quotes
"The trafficking victim's right to support and protection is not conditional on cooperation with criminal proceedings."
— Lord Reed
Subsequent Treatment
Applied in subsequent NRM and trafficking support cases.