EOG (Anonymity Order Made) v Secretary of State for the Home Department (Rev 1)

Amanda Weston QC and Miranda Butler (instructed by Duncan Lewis Solicitors) for the Claimant Robin Tam QC and William Irwin (instructed by The Treasury Solicitor) for the Defendant Hearing date: 24 November 2020 ____________________

i) cannot be removed from this country (see Article 10.2 and the Explanatory Report at para 132);

ii) gains the benefit of the "recovery and reflection period" referred to in Article 13 which must last at least 30 days (but which probably should be longer (see the Explanatory Report at para 177)) and which is set at 45 days in this country (see the Main Guidance at paras 7.1 and 7.2); and

iii) gains entitlement to the assistance specified in Article 12(1) and (2) (see the Explanatory Report at paras 135 and 147).

The obligation on the state to assist potential victims awaiting a conclusive grounds decision in their physical, psychological and social recovery is at the heart of the dispute in this case.