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Guidance on trafficking cases in absence of a Conclusive Grounds decision

Guidance on trafficking cases in absence of a Conclusive Grounds decision

Can’t for the life of me see why this has been reported but I lost the will to live before reaching the end. Maybe you’ll have better luck than me.

In cases in which there is no “Conclusive Grounds” decision:

(i) If a person (“P”) claims that the fact of being trafficked in the past or a victim of modern slavery gives rise to a real risk of persecution in the home country and/or being re-trafficked or subjected to modern slavery in the home country and/or that it has had such an impact upon P that removal would be in breach of protected human rights, it will be for P to establish the relevant facts to the appropriate (lower) standard of proof and the judge should made findings of fact on such evidence.

(ii) If P does not advance any such claim in the statutory appeal but adduces evidence of being trafficked or subjected to modern slavery in the past, it will be a question of fact in each case (the burden being on P to the lower standard of proof) whether the Secretary of State’s duty to provide reparation, renders P’s removal in breach of the protected human rights.

The case isĀ AUJ (Trafficking – no conclusive grounds decision) [2018] UKUT 200 (IAC).

 

Colin Yeo

Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder and editor of the Free Movement immigration law website.

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