Court of Appeal explains protection duty after Home Office loses trafficked child

In R (TDT, by his litigation friend Tara Topteagarden) v Secretary of State for the Home Department [2018] EWCA Civ 1395 the Court of Appeal considered the threshold at which the duty to protect trafficked persons under article 4 of the European Convention on Human Rights comes into play and what that obligation entails. The case concerned a young Vietnamese man, discovered in the back of a lorry and claiming to be a child, who was released from detention and disappeared. His solicitors had sought to ensure that he would be released under arrangements that would minimise the risk of his falling into the hands of traffickers. Instead TDT was…

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