The Single Competent Authority (SCA) has recently changed its policy and guidance on time limits in which a reconsideration can be made. The policy states “Any further evidence must be provided with the reconsideration request itself and within one month of a negative reasonable grounds or conclusive grounds decision”.
A reconsideration request must be made on the following grounds:
- If further evidence is available which, when combined with the evidence already taken into account, could prove that the individual is a victim of modern slavery.
- There are particular concerns that a decision made, does not follow the SCA’s guidance.
Examples of evidence likely to be relevant for a reconsideration include, but are not restricted to the following:
- Evidence from the police that the individual is victim of a modern slavery crime.
- A judgment from the Immigration tribunal that an individual is a victim of modern slavery.
- A Section 45 defence being successfully used in Court.
- Evidence suggesting that the statutory guidance regarding the making of a Conclusive Grounds Decision has not been followed correctly.
Should a reconsideration request be submitted to the SCA on the basis of new information where this information is not available within one month of the negative Reasonable Grounds or Conclusive Grounds decision, the Competent Authority needs to be informed as swiftly as possible and a request for a reconsideration request extension needs to be made.
Southwell & Partners specialises in modern slavery and human rights law, including representing victims of human trafficking and forced criminality exploitation.
