“A directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods.”
“I would accept Mr. Eadie's summary of the general principles that can be derived from these authorities: (i) in considering whether a system is fair, one must look at the full run of cases that go through the system; (ii) a successful challenge to a system on grounds of unfairness must show more than the possibility of aberrant decisions and unfairness in individual cases; (iii) a system will only be unlawful on grounds of unfairness if the unfairness is inherent in the system itself; (iv) the threshold of showing unfairness is a high one; (v) the core question is whether the system has the capacity to react appropriately to ensure fairness (in particular where the challenge is directed to the tightness of time limits, whether there is sufficient flexibility in the system to avoid unfairness); and (vi) whether the irreducible minimum of fairness is respected by the system and therefore lawful is ultimately a matter for the courts. I would enter a note of caution in relation to (iv). I accept that in most contexts the threshold of showing inherent unfairness is a high one. But this should not be taken to dilute the importance of the principle that only the highest standards of fairness will suffice in the context of asylum appeals.”
“Whilst a recital in the preamble to a regulation may cast light on the interpretation to be given to a legal rule, it cannot itself constitute such a rule.”
“(a) (M)unicipal courts have not and cannot have the competence to adjudicate upon or to enforce the rights arising out of transactions entered into by independent sovereign states between themselves on the plane of international law; (b) a treaty is not part of English law unless and until it has been incorporated into the law by legislation. So far as individuals are concerned, it is res inter alios acta from which they cannot derive rights and by which they cannot be deprived of rights or subjected to obligations.”
“55…. in relation to the NRM decision that the key question was whether the policy set out in the Guidance (particularly in relation to "historic" trafficking cases) was sufficient to comply with the UK's international obligations under CAT. He accepted, at least in this court, that although CAT had not been transposed into domestic law by legislation and so did not have "direct effect", insofar as the Guidance purported to give effect to the terms of CAT and failed to do so, that would be a justiciable error of law.”
“In my judgment the authorities therefore clearly establish that even where a decision of a point of law in a particular case was essential to an earlier decision of a superior court, but that court merely assumed the correctness of law on a particular issue, a judge in a later case is not bound to hold that the law is decided in that sense.”
“90. It is firmly established that U.K. courts have no jurisdiction to interpret or apply unincorporated international treaties. … As was made clear in … Corner House … it is therefore inappropriate for the courts to purport to decide whether or not the executive has correctly understood an unincorporated treaty obligation.”
“115. It is of course trite law that, in this country at least, an international treaty has no direct effect unless and until incorporated by statute, but that it may be taken into account as an aid to interpretation in cases of ambiguity.”
“26…a decision-maker must follow his published policy (and not some different unpublished policy) unless there are good reasons for not doing so…” and that “ 35. The individual has a basic public law right to have his or her case considered under whatever policy the executive sees fit to adopt provided that the adopted policy is a la26..wful exercise of the discretion conferred by the statute….”
“the police must make a request for them to be granted leave to remain .. this may be extended where necessary, for example where a criminal prosecution takes longer than expected and the police have confirmed or requested an extension.”
“Where a person is found conclusively to be a victim and has agreed to assist the police with formal enquiries in the UK, the police may make a formal request for them to be granted a period of [DLR] to remain on this basis.”
“The fact that someone is seeking compensation through the civil courts does not in itself merit victim status or a residence permit. When determining whether to grant a residence permit the Home Office must consider: -the type of compensation being sought -the grounds of the claim -how credible the claim is -the likely length of the claim, and -whether the person needs to be physically in the UK for the duration of their claim – in some instances it may be more appropriate to facilitate return to the UK nearer to the hearing date or to arrange videos conferencing facilities.”
“as a result of his depressive disorder, he cannot concentrate at college. This means he cannot learn English, which would help him gain employment”
“The support duty under Article 11(2) does not create any independent right of residence or independent basis for the grant of DLR, and ceases to apply after expiry of the 45-day reflection and recovery period in cases where a victim does not have a right of residence in the United Kingdom.”
“The Defendant shall, pursuant to Article 11(2) of the Trafficking Directive and pending determination of any application for [DLR] made or to be made by the Claimants, provide support to the Claimants, namely provision of their existing accommodation, subsistence of£65 per week and access to outlook. Such support is to be paid from and under the NRM system.”