Home Office ‘presenting opinion as fact’ on immigration issues, lawyers warn – The Independent

‘Prominent barristers have accused the Home Office of misleading the public on immigration issues in the UK in breach of the civil service code and equating “child rapists” with “failed asylum seekers”.’

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The Independent, 29th March 2021

Source: www.independent.co.uk

Lacuna in leave to remain policy arising from delays in identification of victims of trafficking – Garden Court Chambers

‘In EOG v SSHD [2020] EWHC 3310 (Admin) the Court considered a challenge to the Home Office’s policy not to grant victims of trafficking a right to work or leave to remain whilst they are within the National Referral Mechanism. Mostyn J found in the Claimant’s favour and declared the Home Office’s policy unlawful as it failed to implement the obligation in Article 10.2 of ECAT to protect potential victims of trafficking from removal pending the conclusion of the process. He held that “[s]uffering such persons to remain as overstayers, or as illegal immigrants, does not fulfil the obligation” (§48). He left the issue of how the policy should be reformulated to the Home Office to determine. As regards the right to work, the Judge held that “Someone in the position of the claimant, who has a time-limited right to work, should not have the arbitrary adverse consequence of a removal of that right meted out to her simply by virtue of the delays that she is likely to face” (§48).’

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Garden Court Chambers, 26th February 2021

Source: www.gardencourtchambers.co.uk

Victims of human trafficking: can they be criminals as well? – EIN Blog

‘Human trafficking is internationally recognised as threatening human rights and the fundamental values of democratic societies. States have taken action to prevent, suppress and punish trafficking and to provide support to victims of what is the third largest illicit money-making venture in the world. But what happens when the victims of trafficking commit a crime themselves? Should they be prosecuted? What factors are relevant in this assessment? And which arm of the State should the assessment of whether someone is a victim of trafficking be entrusted to? This is the first time the European Court of Human Rights has tackled these questions. The Court found that the UK had breached its obligations under articles 4 and 6 of the European Convention on Human Rights by prosecuting two Vietnamese children who were potential victims of trafficking.’

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EIN Blog 24th February 2021

Source: www.ein.org.uk

Victims of human trafficking: can they be criminals as well? – UK Human Rights Blog

Posted February 23rd, 2021 in children, human rights, news, prosecutions, trafficking in human beings, victims by tracey

‘V.C.L. and A.N. v the United Kingdom (16 February 2021). Human trafficking is internationally recognised as threatening human rights and the fundamental values of democratic societies. States have taken action to prevent, suppress and punish trafficking and to provide support to victims of what is the third largest illicit money-making venture in the world. But what happens when the victims of trafficking commit a crime themselves? Should they be prosecuted? What factors are relevant in this assessment? And which arm of the State should the assessment of whether someone is a victim of trafficking be entrusted to? This is the first time the European Court of Human Rights has tackled these questions. The Court found that the UK had breached its obligations under articles 4 and 6 of the European Convention on Human Rights by prosecuting two Vietnamese children who were potential victims of trafficking.’

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UK Human Rights Blog, 22nd February 2021

Source: ukhumanrightsblog.com

Provision of support to trafficking victims following a negative conclusive grounds decision – Garden Court Chambers

‘In MN v SSHD [2020] EWCA Civ 1746 the Court of Appeal considered several linked cases brought by victims of trafficking who had received negative Conclusive Grounds decisions.’

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Garden Court Chambers, 17th February 2021

Source: www.gardencourtchambers.co.uk

Couple jailed for trafficking teens to sell drugs – BBC

‘A drug dealer and his care worker girlfriend have been jailed for trafficking teenagers to sell drugs for a county lines operation.’

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BBC News, 28th January 2021

Source: www.bbc.co.uk

Slavery survivors moved ‘without notice, without reason’ in London lockdown – The Guardian

‘Modern slavery survivors with young children were among refugees allegedly forced to move accommodation in London with as little as one day’s notice during coronavirus lockdowns this winter.’

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The Guardian, 29th January 2021

Source: www.theguardian.com

People smugglers jailed for total of 78 years over deaths of 39 Vietnamese migrants – The Independent

‘Four people-smugglers have been jailed for a total of 78 years over the deaths of 39 Vietnamese migrants, whose bodies were found in a lorry container in Essex in October 2019.’

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The Independent, 23rd January 2021

Source: www.independent.co.uk

Proof, expert evidence and credibility in trafficking cases – EIN Blog

‘The Court of Appeal has decided that the two-stage procedure provided for by the National Referral Mechanism (NRM) to determine whether a person is a victim of human trafficking, involving an initial decision on whether there are reasonable grounds to believe that a person is a victim, and a subsequent conclusive decision made on the balance of probabilities, complies with the requirements of the Council of Europe Convention on Action against Trafficking in Human Beings 2005 (ECAT), Directive 2011/36 and article 4 of the ECHR. Two appellants (MN, an Albanian national, and IXU, a Nigerian national) appealed against the dismissal of their judicial review applications of decisions made by Home Office decision-makers that they were not victims of trafficking for the purposes of the NRM. The NRM sets out a two-stage identification procedure to determine whether someone was a victim of trafficking. A “Competent Authority”, a part of the Home Office, determines whether there are reasonable grounds to believe that a person is a victim. Then, in light of further consideration/investigation, the Competent Authority makes a conclusive decision. Conclusively established trafficking victims are entitled to support under the NRM. Some, but not all, of that support is available also to potential victims identified at the first stage. The Competent Authority made reasonable grounds determinations in favour of both MN and IXU but made conclusive decisions against them. Farbey J (MN) and Mr Philip Mott QC (IXU) dismissed the judicial review claims at first instance.’

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EIN Blog, 21st January 2021

Source: www.ein.org.uk

Three victims of trafficking and modern slavery to sue Biffa – The Guardian

Posted January 14th, 2021 in forced labour, news, trafficking in human beings, victims, waste by tracey

‘Three victims of trafficking and modern slavery who were subcontracted to sort rubbish for the national waste and recycling firm Biffa Waste Services are to launch legal proceedings to sue the firm for damages.’

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The Guardian, 14th January 2021

Source: www.theguardian.com

6 UK Human Rights Issues And Trends To Watch In 2021 – Each Other

‘It’s clear that coronavirus will inevitably continue to be one of the biggest rights issues of 2021 – but it’s not the only thing that should be on our radar. This selection of things to look out for – some quite specific and some more general – is by no means exhaustive and, as the last year has shown, there’s no way we can accurately predict the future. However, there are pressing issues on the horizon – here are just a few, in no particular order.’

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Each Other, 8th January 2021

Source: eachother.org.uk

Why The Sexual Exploitation Bill Will Make Vulnerable Women Less Safe – Each Other

‘Paying for sex could become a criminal offence in England and Wales if Parliament approves a new Bill which claims to protect women from sexual exploitation. But criminalisation will only further harm people who are already marginalised, argues Rachel Trafford.’

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Each Other, 17th December 2020

Source: eachother.org.uk

Migrant domestic abuse victims’ data must not be shared between police and Home Office, report warns – The Independent

‘Police and government must urgently introduce measures to stop police sharing domestic abuse victims’ immigration data with the Home Office, a major new report has warned.
Campaigners have routinely voiced fears women with unsettled immigration status who are suffering domestic violence are often too fearful to report the abuse due to fears police will share their data with the Home Office and they will face deportation.’

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The Independent, 17th December 2020

Source: www.independent.co.uk

Jamaican nationals taken off charter flight in eleventh hour over trafficking concerns – The Independent

‘A number of Jamaican nationals who were due to be deported have been granted last minute reprieve after the Home Office acknowledged they may be victims of modern slavery. Thirteen people were forcibly removed from the UK to Jamaica in the early hours of Wednesday. At least 10 of those who had been due to fly were taken off the flight hours before it was due to leave following legal intervention.’

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The Independent, 2nd December 2020

Source: www.independent.co.uk

Home Office ‘missed chance to stop rise in migrant boats’ – BBC News

‘The Home Office failed to stop a rise in migrant boats crossing the English Channel before it was too late, an independent inspector has said.’

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BBC News, 11th November 2020

Source: www.bbc.co.uk

Prosecution of trafficking victim not an abuse of process – UK Human Rights Blog

‘R v A [2020] EWCA Crim 1408. On 29/10/2020, the Court of Appeal dismissed an appeal against an aggravated burglary conviction brought by a teenage victim of human trafficking.’

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UK Human Rights Blog, 2nd November 2020

Source: ukhumanrightsblog.com

What Should Reparations For Slavery Look Like? – Each Other

‘The debate around reparations for colonialism and slavery has often been an explosive one. It is often dismissed as far removed from reality, relating to events in the distant past. But the legacy and consequences of colonialism are material, living, and breathing – which makes debates around colonial restitution as relevant now as they have ever been, argues Nadine Batchelor-Hunt.’

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Each Other, 22nd October 2020

Source: eachother.org.uk

Asylum seekers launch legal challenge against their removal from UK – The Guardian

Posted August 11th, 2020 in asylum, deportation, judicial review, news, trafficking in human beings by sally

‘A group of asylum seekers due to be flown out of the UK this week in a Home Office operation targeting people who arrived on small boats have launched a mass legal challenge to their removal, the Guardian has learned.’

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The Guardian, 11th August 2020

Source: www.theguardian.com

British trafficking victim sues Priti Patel alleging abuse of personal data – The Guardian

‘A British victim of trafficking is bringing a case against the home secretary, Priti Patel, arguing that her department unlawfully accessed personal information including details of her intimate thoughts.’

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The Guardian, 30th July 2020

Source: www.theguardian.com

Judges quash decision not to prosecute diplomat over alleged trafficking – The Guardian

‘A woman who says it seems the Crown Prosecution Service did not consider her “trafficked enough” after being brought into the UK by a diplomat from the United Arab Emirates is celebrating after a high court ruling quashed a decision not to prosecute him.’

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The Guardian, 9th July 2020

Source: www.theguardian.com