The High Court has again taken the Home Office to task for its stingy approach to supporting vulnerable asylum seekers during the pandemic. In R (JB)
There are two exciting opportunities to join ATLEU, a leading anti-trafficking and human rights charity, in the newly created roles of Policy Manager and Survivor
The decision in R (KTT) v Secretary of State for the Home Department [2021] EWHC 2722 (Admin), widely reported in the mainstream press this week,
ZV (Lithuania) v Secretary of State for the Home Department [2021] EWCA Civ 1196 is an important case about the admissibility of asylum claims made
Part 4 of the Nationality and Borders Bill addresses modern slavery and human trafficking. The Home Office’s goals for reform in this area are, as
The High Court has declared that an anomaly in the benefits system which disadvantages victims of trafficking who receive asylum support is discriminatory and in
The Court of Appeal’s Criminal Division has concluded that Home Office trafficking decisions are not admissible in criminal proceedings. Brecani v R [2021] EWCA Crim
The Home Secretary has laid a new draft of the Adults at Risk statutory guidance before Parliament. The new version marks a significant change in
The immigration authorities’ work on human trafficking and modern slavery produced just ten arrests and five prosecutions in two years, the immigration inspector has found.
The European Court of Human Rights has looked for the first time at when the prosecution of a human trafficking victim might violate Article 4
The Court of Appeal has handed down a major judgment on the correct approach to assessing whether a person is a victim of trafficking: MN
Home Office policy on permission to work for asylum seekers is unlawful to the extent that it doesn’t make allowances for potential victims of human
Judgment was handed down yesterday in the case of EOG v Secretary of State for the Home Department [2020] EWHC 3310 (Admin), a significant decision
The High Court has ordered the Home Office to interview asylum seekers properly and remind its caseworkers about the correct legal test for kicking off
In R v A [2020] EWCA Crim 1408, the Court of Appeal (Criminal Division) has confirmed that the creative use of the abuse of process
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
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
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
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
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
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
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
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
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
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
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
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
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
Post: Public or Immigration Law Solicitor and Training Lead Reports to: Head of Legal PracticeSalary: circa £33,000 p/a (depending on experience)
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
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:
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.
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
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
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
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
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
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
Today, Anti-Slavery Day, the Supreme Court has handed down judgments in cases that look at the extent to which diplomatic and state immunity allow diplomats
The Upper Tribunal overturned several decisions concerning the grant of Discretionary Leave to Remain to a victim of human trafficking in FT, R (on the application of)
The High Court has again taken the Home Office to task for its stingy approach to supporting vulnerable asylum seekers during the pandemic. In R (JB) v Secretary of State for the Home Department [2021] EWHC 3417, the court held that the department unlawfully reduced cash payments to an asylum...
There are two exciting opportunities to join ATLEU, a leading anti-trafficking and human rights charity, in the newly created roles of Policy Manager and Survivor Engagement and Participation Coordinator. Policy Manager We are looking for a dynamic and committed individual to take on the newly created role of Policy Manager....
The decision in R (KTT) v Secretary of State for the Home Department [2021] EWHC 2722 (Admin), widely reported in the mainstream press this week, is a massive result for trafficking victims. The High Court has concluded that a trafficking victim who is also an asylum seeker must be granted...
ZV (Lithuania) v Secretary of State for the Home Department [2021] EWCA Civ 1196 is an important case about the admissibility of asylum claims made by EU citizens. There is a long-standing rule that asylum claims by EU nationals will only be considered in exceptional circumstances. It is presently contained...
Part 4 of the Nationality and Borders Bill addresses modern slavery and human trafficking. The Home Office’s goals for reform in this area are, as ever, focused on criminality. The Home Secretary has promised that the Bill will “break the business model” of trafficking networks (and therefore save lives), ensure...
The High Court has declared that an anomaly in the benefits system which disadvantages victims of trafficking who receive asylum support is discriminatory and in breach of Article 14 of the European Convention on Human Rights. Unusually, the Secretary of State confessed to the court that she was not sure...
The Court of Appeal’s Criminal Division has concluded that Home Office trafficking decisions are not admissible in criminal proceedings. Brecani v R [2021] EWCA Crim 731 concerned a 17-year-old convicted of taking part in a conspiracy to supply cocaine. During the trial, the Single Competent Authority — the arm of...
The Home Secretary has laid a new draft of the Adults at Risk statutory guidance before Parliament. The new version marks a significant change in how trafficking victims fit within the policy framework for detaining vulnerable people. At present, the Home Office has a policy of releasing people from immigration...
The immigration authorities’ work on human trafficking and modern slavery produced just ten arrests and five prosecutions in two years, the immigration inspector has found. David Bolt’s report on the Home Office’s efforts in this area, published on 4 March, found that the department’s immigration directorates are “not doing enough...
The European Court of Human Rights has looked for the first time at when the prosecution of a human trafficking victim might violate Article 4 of the Convention. In VCL and AN v United Kingdom (application nos. 77587/12 and 74603/12), it sharply criticises the Crown Prosecution Service for prosecuting victims...
The Court of Appeal has handed down a major judgment on the correct approach to assessing whether a person is a victim of trafficking: MN v Secretary of State for the Home Department [2020] EWCA Civ 1746. Although this was the central question in the case and huge resources were...
Home Office policy on permission to work for asylum seekers is unlawful to the extent that it doesn’t make allowances for potential victims of human trafficking, the High Court held today. The policy will now have to be reworked to make clear that there is a discretion to allow asylum...
Judgment was handed down yesterday in the case of EOG v Secretary of State for the Home Department [2020] EWHC 3310 (Admin), a significant decision on the obligations of the Home Office to potential victims of human trafficking. The claim successfully challenged the Home Office policy which failed to provide...
The High Court has ordered the Home Office to interview asylum seekers properly and remind its caseworkers about the correct legal test for kicking off an investigation into human trafficking. Mr Justice Fordham granted the interim relief, or temporary holding measures, pending a full hearing in the case next month....
In R v A [2020] EWCA Crim 1408, the Court of Appeal (Criminal Division) has confirmed that the creative use of the abuse of process jurisdiction to protect trafficking victims from prosecution is no longer necessary in light of the Modern Slavery Act 2015. This is bad news for victims...
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 before; another is reportedly scheduled for 3...
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 protecting victims of modern slavery or human trafficking in England...
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 prostitution falls within the scope of Article 4 of the...
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 provides key new evidence which needs to be considered by Home Office decision-makers and tribunal...
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. The tribunal is not bound by decisions...
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 rights of trafficking victims convicted of immigration offences before the statutory defence...
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 trafficking who has claimed asylum might wait months or years for...
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 officials to ignore new evidence if it didn’t come from approved sources, was wildly unlawful...
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 : Albania) [2019] UKUT 351 (IAC) provides little guidance on how tribunals...
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 policies are directly at odds with the UK’s commitment to protect victims...
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 even considered whether bringing O to court...
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 regular visits to ATLEU’s London office) This newly-created role aims to increase ATLEU’s provision of...
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 investigated the appellant’s account of being persecuted before...
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 working also considered)Leave: 28 days including bank holidaysLocation: Sheffield (with regular visits to ATLEU’s London office) […]
...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 the same time, significant gaps in evidence are consistently acting as a barrier to successful...
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 for cannabis cultivation, the conviction was overturned....
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 March 2018, to £37.75 per week (the...
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), the High Court has ruled that...
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 Convention on Human Rights comes into play and...
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, the Court of Appeal has ruled...
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’s guidance failed properly to reflect Article 14(1)(a) of...
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 Legal Aid Casework &...
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 exploitation. Cases involving domestic workers are often of considerable...
Today, Anti-Slavery Day, the Supreme Court has handed down judgments in cases that look at the extent to which diplomatic and state immunity allow diplomats to traffic and enslave their domestic workers with impunity. Traffickers will sleep a little less easily in their beds tonight. In Reyes v Al-Malki [2017]...
The Upper Tribunal overturned several decisions concerning the grant of Discretionary Leave to Remain to a victim of human trafficking in FT, R (on the application of) v the Secretary of State for the Home Department [2017] UKUT 331(IAC). The background to the case is that of the Home Office failing to appropriately...
