New Judgment: MS (Pakistan) v Secretary of State for the Home Department [2020] UKSC 9 – UKSC Blog

‘MS’ application for asylum was rejected in August 2013 and the Secretary of State decided to remove MS from the UK. Appealing this decision to the FTT, on human rights grounds, the FTT had found that MS had been under compulsion and control but nonetheless dismissed the appeal. The UT then re-made the decision in view of errors of law by the FTT, finding in favour of MS. The UT observed that the decision of the National Referral Mechanism could only be challenged by judicial review proceedings, not through the immigration appeals system. However, the UT also held that if an NRM decision was perverse or otherwise contrary to some public law ground, the UT could make its own decision as to whether an individual was a victim of trafficking. Otherwise, the decision to remove him would be contrary to the European Convention on Action against Trafficking in Human Beings (‘ECAT’) and the European Convention on Human Rights (‘ECHR’).’

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UKSC Blog, 18th March 2020

Source: ukscblog.com

Child slavery victims ‘falling through cracks’ as Home Office delays support promised four years ago – The Independent

‘The Home Office has been criticised for allowing thousands of child trafficking victims to “fall through the cracks” by failing to implement a policy designed to protect them for four years after it first pledged to do so.’

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The Independent, 5th March 2020

Source: www.independent.co.uk

Anti-slavery tsar calls for councils to take on child trafficking cases – The Guardian

‘The UK’s independent anti-slavery commissioner has called for decision-making on child trafficking cases to be taken away from the Home Office.’

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The Guardian, 2nd March 2020

Source: www.theguardian.com

Potential modern slavery victims among dozens facing imminent removal on charter flight to Pakistan – The Independent

Posted February 27th, 2020 in asylum, deportation, news, torture, trafficking in human beings by tracey

‘Asylum seekers thought to be victims of torture are set to be forcibly removed to Pakistan on the third charter flight to leave the UK in three weeks, The Independent can reveal.’

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The Independent, 26th February 2020

Source: www.independent.co.uk

Men jailed after 29 immigrants found in van – BBC News

Posted February 25th, 2020 in immigration, news, sentencing, trafficking in human beings by sally

‘Four men have been jailed for their roles in bringing 29 immigrants to the country.’

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BBC News, 24th February 2020

Source: www.bbc.co.uk

Home Office to deport vulnerable asylum seekers – The Guardian

Posted February 20th, 2020 in asylum, deportation, news, trafficking in human beings by sally

‘The Home Office is planning to deport vulnerable asylum seekers and suspected victims of trafficking on a new charter flight on Thursday, the Guardian has learned.’

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The Guardian, 19th February 2020

Source: www.theguardian.com

British woman repeatedly trafficked for sex after Home Office failures – The Guardian

‘A young and highly vulnerable British sex trafficking victim was re-trafficked by county lines drug gangs on multiple occasions after the Home Office repeatedly refused to fulfil its legal obligation to provide her with safe accommodation.’

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The Guardian, 16th February 2020

Source: www.theguardian.com

Basfar v Wong – Diplomatic Immunity, Human Trafficking and “Commercial Activities” Revisited – Littleton Chambers

‘The EAT has handed down its judgment in Basfar v Wong UKEAT/0223/19/BA, holding that the defence of diplomatic immunity applied in circumstances where the Claimant alleged she had been trafficked by her diplomat employer. However, it also granted the Claimant the first ever ‘leapfrog’ certificate direct from the EAT to the Supreme Court, and the matter looks set to continue.’

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Littleton Chambers, 4th February 2020

Source: www.littletonchambers.com

Number of slavery victims in London up tenfold in five years – The Guardian

Posted January 30th, 2020 in forced labour, London, news, statistics, trafficking in human beings, victims by tracey

‘There has been a more than tenfold increase in the number of people identified as victims of modern slavery and human trafficking in London, and more than 30% of all cases nationally are discovered in the capital, according to new research.’

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The Guardian, 30th January 2020

Source: www.theguardian.com

Can Prince Andrew be forced to testify? – BBC News

‘Prince Andrew is coming under pressure to speak to investigators in the US about the late sex offender Jeffrey Epstein after claims he is not co-operating with the inquiry.’

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BBC News, 28th January 2020

Source: www.bbc.co.uk

Young victims of trafficking—prosecution or protection? – Counsel

‘The growth in ‘county lines’ cases involving young defendants, themselves victims of trafficking, poses particular issues: practical steps that may assist practitioners and recent case law principles.’

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Counsel, January 2020

Source: www.counselmagazine.co.uk

Home Office unlawfully delaying support for modern slavery victims, High Court rules – The Independent

‘The Home Office has been unlawfully forcing trafficked people to wait for months and sometimes years before granting them leave to remain in the UK, the High Court has ruled.’

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The Independent, 11th December 2019

Source: www.independent.co.uk

Trafficked woman loses judicial review challenge amid age assessment confusion – Local Government Lawyer

Posted December 6th, 2019 in judicial review, local government, news, trafficking in human beings by sally

‘A trafficked Vietnamese woman has lost a judicial review against two councils over her age assessment, though the judge involved criticised both authorities for failing to resolve the matter earlier.’

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Local Government Lawyer, 5th December 2019

Source: www.localgovernmentlawyer.co.uk

‘What role do judges have in the fight against human trafficking?’ – Michelle Brewer delivers key note at OSCE International Conference – Garden Court Chambers

Posted November 26th, 2019 in judiciary, news, trafficking in human beings by sally

‘Michelle Brewer of Garden Court delivered the keynote address at the OSCE (Organisation for Security and Co-operation in Europe) international conference on ‘The Critical Role of the Judiciary in Combating Trafficking in Human Beings’.’

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Garden Court Chambers, 22nd November 2019

Source: www.gardencourtchambers.co.uk

Lorry driver pleads guilty over role in Essex deaths – The Guardian

Posted November 25th, 2019 in conspiracy, guilty pleas, homicide, immigration, news, trafficking in human beings by sally

‘A lorry driver charged with the manslaughter of 39 Vietnamese migrants found dead in a refrigerated trailer has pleaded guilty to plotting to assist illegal immigration.’

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The Guardian, 25th November 2019

Source: www.theguardian.com

High Court declares trafficking policy unlawful for preventing effective access to victims to be correctly identified in breach of UK’s trafficking obligations – Garden Court Chambers

Posted November 20th, 2019 in judicial review, news, trafficking in human beings by sally

‘The Claimant, DS, is a victim of sexual exploitation and human trafficking. In 2018 the Home Office rejected her claim to have been trafficked. Her lawyers obtained new significant expert evidence in support of her claim and asked the Home Office to reconsider the negative decision. The Home Office refused to consider this request, relying on a policy, which stated that only a First Responder or NRM support provider can make a reconsideration request on behalf of the victim. The Home Office refused to even look at the evidence on this basis. It was only after a court challenge was launched and the Court granted DS permission to proceed with her case to trial that the Home Office agreed to look at her individual decision again, and finally accept that she is a victim of trafficking.’

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Garden Court Chambers, 15th November 2019

Source: www.gardencourtchambers.co.uk

The 39 people who died in the lorry were victims. Why does the law treat them as criminals? – The Guardian

‘As long as the justice system is focused on immigration status, not on ending modern-day slavery, desperate people will suffer.’

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The Guardian, 29th October 2019

Source: www.theguardian.com

New review will enhance response to serious and organised crime – Home Office

‘The review announced by the Government will look to identify ways of bolstering the response to threats such as county lines, people trafficking and drugs.’

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Home Office, 29th October 2019

Source: www.gov.uk

Ex-commissioner condemns ‘failing’ UK approach to human trafficking – The Guardian

Posted October 29th, 2019 in news, prosecutions, trafficking in human beings, victims by tracey

‘The former anti-slavery commissioner Kevin Hyland has described the UK’s system for preventing people-trafficking into the country as “failing” and called for urgent reform.’

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The Guardian, 28th October 2019

Source: www.theguardian.com

Child slavery victims being lured back into exploitation due to lack of support amid surge in cases – The Independent

‘Child victims of modern slavery are being lured back into exploitation and falling into homelessness as cash-strapped local authorities struggle to cope with a surge in cases, charities have warned. Thousands of young people who have been trafficked and exploited, often by county lines gangs or through international criminal networks, are being left to navigate complex legal, education and immigration systems alone because austerity-hit services cannot adequately support them.’

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The Independent, 18th October 2019

Source: www.independent.co.uk