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Trafficking decision overturned for failure to have regard to guidance

Trafficking decision overturned for failure to have regard to guidance

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 delayed claim.

Source: FK, R (on the application of) v Secretary of State for the Home Department [2016] EWHC 56 (Admin) (18 January 2016)

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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