AYA & Ors v Secretary of State for the Home Department

AYA & Ors v Secretary of State for the Home Department

Interim relief granted restraining AYA's removal pending judicial review, as there is a serious issue to be tried that France cannot meet his recovery needs as a victim of trafficking, and removal may breach his human rights. The balance of convenience tilts in AYA's favour due to his vulnerability and risk of harm,...

Source-derived case information.

Parties
Claimant: AYA; Claimant: BXY; Claimant: EXR; Defendant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
03 December 2026
Procedural Posture
Judicial Review / Interim Relief Hearing
Outcome
Interim relief granted for AYA; removal restrained pending outcome of judicial review.
Legal Topics
Modern Slavery, Trafficking, Interim Relief, Statutory Guidance, International Treaty, Victim Identification, Public Interest, Balance of Convenience
Immigration Human Rights Administrative Law Modern Slavery Trafficking Interim Relief Statutory Guidance International Treaty +3 more

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Parties

AYA

Claimant

BXY

Claimant

EXR

Claimant

Secretary of State for the Home Department

Defendant

Procedural Posture

Judicial Review / Interim Relief Hearing

Legal Issues

  1. 1 Lawfulness of removal of right to reconsideration for individuals intended to be removed to France
  2. 2 Whether statutory scheme requires a right to reconsideration
  3. 3 Compliance with Tameside and Padfield principles

Ratio Decidendi

Interim relief granted restraining AYA's removal pending judicial review, as there is a serious issue to be tried that France cannot meet his recovery needs as a victim of trafficking, and removal may breach his human rights. The balance of convenience tilts in AYA's favour due to his vulnerability and risk of harm, outweighing public interest in removal policy.

Court Disposition

Interim relief granted for AYA; removal restrained pending outcome of judicial review.

Orders

  • AYA not to be removed to France pending determination of his judicial review claim.