All Articles: Trafficking

I stopped two unlawful removals last week – how does that make me an “activist lawyer”?

On 26 August 2020 at 7:45, a flight chartered by the Home Office took off from Stansted airport, heading for France via Dusseldorf. The passengers were asylum seekers from countries such as Iran, Sudan and Yemen. A similar flight took off two weeks be ...

1st September 2020 By

Briefing: the support system for migrant victims of human trafficking

When the Modern Slavery Act 2015 was introduced, it was heralded by the government as a momentous piece of legislation which would “give protection to the victims who need it”. The Act introduced a reformed system for identifying, supporting and p ...

24th August 2020 By

Forced prostitution covered by Article 4, says European Court of Human Rights

S.M. v Croatia (application no. 60561/14) is an odd case to read. It is very long, running to 356 paragraphs and several concurring judgments, and refers to a wide variety of international law sources. But its conclusion is straightforward: forced pro ...

6th July 2020 By

The government’s stance on Vietnamese trafficking victims is misconceived

Asylos and ARC Foundation recently released a new report, Vietnam: Returned victims of trafficking, about the risks of re-trafficking, state protection and internal relocation for Vietnamese victims of trafficking returned from the UK. The report prov ...

3rd June 2020 By

Briefing: what is leave outside the Rules?

Anyone whose life consists of daily references to the Immigration Rules will tell you that the experience can feel a lot like deep ocean exploration in the Mariana Trench: despite constant research, you will still make new discoveries, even when you t ...

27th April 2020 By

Supreme Court says immigration tribunal can decide for itself if appellant was trafficked

In the case of MS (Pakistan) v Secretary of State for the Home Department [2020] UKSC 9, handed down today, the Supreme Court has confirmed that the immigration tribunal can and must decide for itself whether an appellant was a victim of trafficking. ...

18th March 2020 By

Trafficked woman who fled prostitution gave birth in prison after false passport conviction

In recent years the Court of Appeal (Criminal Division) has displayed a willingness to allow late appeals and quash historic convictions to address injustice against victims of human trafficking. This includes using the common law to protect the right ...

10th February 2020 By

Delay policy leaving trafficking victims in limbo found unlawful

The High Court has declared that the Home Office policy of waiting until an asylum decision is made before considering whether to grant trafficking victims Discretionary Leave to Remain is unlawful. Under that policy, a recognised victim of human traf ...

11th December 2019 By

Government forced to change trafficking appeals policy after High Court finds it unlawful

Lawyers representing an Albanian woman suffering from appalling sexual exploitation have secured improvements in the system for reconsidering whether someone is a victim of human trafficking. Mr Justice Kerr found that the policy, which required offic ...

18th November 2019 By

Upper Tribunal opens door for trafficking challenges in human rights appeals

The Upper Tribunal has ruled that human rights appeals may be allowed on the ground that the Secretary of State has unlawfully failed to acknowledge that the appellant is a victim of trafficking. DC (Trafficking, Protection/Human Rights appeals : Alba ...

15th November 2019 By

Comment: victims of slavery are trapped in destitution by right to work restrictions

While the UK government boasts of its trailblazing work to tackle the scourge of modern slavery, it is also rightly criticised for its systemic failures to prevent exploitation and protect victims once identified. A number of hostile immigration polic ...

6th November 2019 By

Trafficking victim successfully overturns ten-year-old conviction

O v R [2019] EWCA Crim 1389 is the latest of a series of appeals brought by victims of trafficking against historic convictions. In this case the Court of Appeal (Criminal Division) decided to quash a 2008 conviction because the prosecution had not ev ...

14th August 2019 By

Job ad: Immigration Caseworker / Solicitor, ATLEU

Post: Immigration caseworker / solicitor Reports to: Immigration supervisor Salary: £21,000 to £27,000 p/a (depending on experience and level of accreditation) Hours: 35 hours per week Leave: 28 days including bank holidays Location: Sheffield (with ...

25th July 2019 By

Court of Appeal quashes clearly unfounded certificate in Albanian asylum claim

This week the Court of Appeal quashed the certification of an Albanian asylum claim as “clearly unfounded”. In SP (Albania) v Secretary of State for the Home Department [2019] EWCA Civ 951, the court found that the Home Office had not properly inv ...

21st June 2019 By

Job ad: Public Law Solicitor and Training Lead, ATLEU

Post: Public or Immigration Law Solicitor and Training Lead Reports to: Head of Legal PracticeSalary: circa £33,000 p/a (depending on experience)                5% employer pension contributionHours: 35 hours per week (flexible or part-time w ...

20th June 2019 By

New country of origin report on the trafficking of Albanian boys and young men

There are growing concerns around the Home Office’s treatment of children and young people from Albania, with legal practitioners now raising the alarm about the increasing certification of Albanian asylum applications as ‘clearly unfounded’. At ...

5th June 2019 By

Court of Appeal overturns decision to prosecute victim of trafficking

The Court of Appeal has given judgment in two linked cases involving victims of trafficking prosecuted in the UK for offences linked to their trafficking: N v R [2019] EWCA Crim 752. In one of the cases, involving a young Vietnamese man prosecuted fo ...

14th May 2019 By

Major court win for trafficking victims as subsistence payment cut is reversed

In a robust judgment yesterday, the High Court found the decision of the Home Office to cut weekly benefits to asylum-seeking victims of trafficking was unlawful. The rate was previously set at £65 per week and was dramatically cut by 42% from 1 Ma ...

9th November 2018 By

Failure to carry out proper medical assessment makes detention unlawful

This case is an unlawful detention claim based on shocking failures by the Home Office to comply with rules on how victims of torture and trafficking should be treated. In R (SW) v Secretary of State for the Home Department [2018] EWHC 2684 (Admin), t ...

25th October 2018 By

Court of Appeal explains protection duty after Home Office loses trafficked child

In R (TDT, by his litigation friend Tara Topteagarden) v Secretary of State for the Home Department [2018] EWCA Civ 1395 the Court of Appeal considered the threshold at which the duty to protect trafficked persons under article 4 of the European Conve ...

20th June 2018 By

Court of Appeal refuses to put burden of proof on slavery victims in criminal trials

MK and Gega v R [2018] EWCA Crim 667 is about who should face the burden of proof when a criminal defendant relies on the new “victim of slavery/trafficking” defence in the Modern Slavery Act 2015. In the first appellate judgment on this issue, th ...

9th April 2018 By

Government stance on residence permits for trafficking victims declared unlawful

The Court of Appeal has held in PK (Ghana) v Secretary of State for the Home Department [2018] EWCA Civ 98 that the criterion of “compelling personal circumstances” for a grant of limited leave as a trafficked person in the Secretary of State ...

14th February 2018 By

Trafficking victim wins £260k damages, does not see a penny

How can you win £266,536.14 in damages and walk away without a penny? If those who should pay succeed in divesting themselves of their assets and if the costs of litigation swallow up all that you do manage to recover. R (Tirkey) v The Director of Le ...

10th January 2018 By

Rescue or empowerment? High Court considers definition of trafficking

Most domestic workers would prefer to be recognised as workers than labelled as trafficked, and ask to be empowered rather than rescued. But it is often necessary to plead their cases under the rubric of trafficking to secure their protection from exp ...

12th December 2017 By