On 25 February 2026 the High Court granted permission in GPL v SSHD AC-2025-LON-000769.
GPL is an Albanian national who was subject to two episodes of trafficking: one in Albania in 2020 – 2021 and then in the UK after his initial asylum claim was rejected. The exploitation on both occasions was for the purpose of forced criminality and he was sentenced in the UK to 20 months custody for possession within intent to supply Class A drugs.
Ordinarily, a potential victim of trafficking must be provided with recovery support, but a person may be excluded from those protections if disqualified on public order grounds pursuant to s.63(1) Nationality and Borders Act 2022. The Secretary of State made a Public Order Disqualification (“POD”) decision in respect of this case largely on the basis of GPL’s offending.
The POD policy requires the decision maker to rate the threat to the public as high where a person has been convicted of an offence of at least 12 months, but as low where the offence was committed as part of the individual’s exploitation. The Secretary of State treated GPL’s offending as high risk.
GPL challenged the decision on the basis that
- the policy is irrational in that the more serious the forced criminality, the less protection will be available to a victim. A person who is exploited in the sale of class A drugs such as A is far more likely to attract a longer prison sentence, consistent with the Sentencing Guidelines, and therefore an automatic deportation order, than is a person who is exploited as a cannabis gardener or as a beggar.
- The treatment of his overstay as an aggravating factor was not in accordance with the policy.
- the risk to him of retrafficking was inadequately assessed.
Granting permission on the first two grounds, Christopher Kennedy KC sitting as a Judge of the High Court held that these points were arguable and potentially have some wider importance.
Julian Norman is instructed for GPL by Malik & Malik Solicitors.
Related barristers: Julian Norman
Related practice areas: Immigration and Public Law
