In short the court concludes that immigration status as a domestic worker is not a protected characteristic under the Equality Act 2010. The court suggests that the law should be amended to remedy this protection gap and refers to the particular vulnerability of migrants on tied visas and the review of the type of visa in 2015, […]
MS -v- SSHD AA/07855/2013 Useful note from Kalvir Kaur at the Anti Trafficking and Labour Exploitation Unit (ATLEU). Thanks for circulating, Kalvir: In a strongly worded judgment, The Hon. Mr Justice McCloskey, President and Upper Tribunal Judge Blum held that the tribunal has jurisdiction to make their own decision on whether an appellant is a victim of […]
Home Office rejects trafficking claim on basis that the claim was delayed and the account was inconsistent. Decision ruled unlawful for failure to follow Home Office’s own guidance on trafficking claims, which points out that there may be valid reasons why a genuine victim of trafficking is inconsistent in giving an account and makes a […]
Law Society Practice Note on criminal prosecutions of victims of trafficking. Who should read this note? All practitioners involved in criminal cases where suspects or defendants could be victims of human trafficking. See also the shorter note by Philippa Southwell of Birds Solicitors, Defending victims of human trafficking.
The Administrative Court last week (22.5.15) handed down judgment in the case of R (on the application of AB) v Secretary of State for the Home Department  EWHC 1490 (Admin), quashing a decision not to recognize AB as a victim of human trafficking for the purposes of the Council of Europe Convention on Action […]
In Nguyen (Anti-Trafficking Convention: respondent’s duties)  UKUT 170 (IAC) the Upper Tribunal accepts what I had thought was the well established point that the Home Office has duties to historical victims of trafficking: The duties of a signatory to the Council of Europe Convention on Action against Trafficking in Human Beings include responsibility towards a […]
A successful judicial review claim by a trafficking victim is reported at R (on the application of FM) v Secretary of State for the Home Department  EWHC 844 (Admin) (26 March 2015). Philip Mott QC sitting as a Deputy High Court Judge found that the Home Office had unlawfully refused to grant status to the […]
Finally, there has been a breakthrough in cases where victims of trafficking find themselves prosecuted and convicted here in the UK for engaging in the very activity into which the victim was forced. It may seem strange that it is the victims of trafficking that have ended up with criminal convictions rather than the traffickers, […]