Chowdury and Others v Greece (Application number 21884/15 – the judgment is only available in French. An English-language press summary is available.) The European Court
According to estimates, there are 10,000-13,000 victims of modern slavery living in the UK. In order to tackle this problem, the UK government operates a
In HD (Trafficked women) Nigeria CG [2016] UKUT 00454 (IAC) the Upper Tribunal considered the position of victims of trafficking returning to Nigeria. Under the
Just a quick catch up post to alert readers to the Government’s response to the damning report by James Ewins, published on 17 December 2015,
The case of G and H v Upper Tribunal and SSHD [2016] EWHC 239 (Admin) is notable as the first reported case of a successful substantive Cart JR
The Administrative Court last week (22.5.15) handed down judgment in the case of R (on the application of AB) v Secretary of State for the
A successful judicial review claim by a trafficking victim is reported at R (on the application of FM) v Secretary of State for the Home Department
In the past eighteen months Migrant Legal Project (MLP) has represented a number of Vietnamese minors on remand or serving Detention and Training Orders at
EK (Article 4 ECHR: Anti-Trafficking Convention) Tanzania [2013] UKUT 00313 (IAC) Important case on trafficking. Amongst other things, a failure by the Home Office to
Finally, there has been a breakthrough in cases where victims of trafficking find themselves prosecuted and convicted here in the UK for engaging in the
For the second time in as many months, the Employment Appeal Tribunal (EAT) has dismissed a direct discrimination claim brought by a migrant domestic worker
Recently the Law Society Gazette ran an article by Yewa Holiday, a barrister and a case review manager at the Criminal Cases Review Commission (CCRC), which
The case of R (on the application of Y) v Secretary of State for the Home Department [2012] EWHC 1075 (Admin) may change the way in
In an interesting recent ruling, (Zarkasi v Anindita & Anor [2012] UKEAT 0400_11_1801) the Employment Appeals Tribunal (EAT) considered an appeal from a trafficked domestic
Today’s report by the Children’s Commissioner, Landing in Dover, exposes gross double standards by UK Border Agency officials. The report reveals the existence of a
Ever since the mysterious disappearance of the IAA Gender Guidelines from the old IAA website, there has been an absence of good guidance to immigration
In a clear signal of a return to Victorian values of the undeserving poor and salvation through faith, the Home Office is terminating its funding
Chowdury and Others v Greece (Application number 21884/15 – the judgment is only available in French. An English-language press summary is available.) The European Court of Human Rights has found that strawberry-pickers in Greece were subjected to forced labour. The Court found that the authorities failed to prevent forced labour...
According to estimates, there are 10,000-13,000 victims of modern slavery living in the UK. In order to tackle this problem, the UK government operates a Modern Slavery Strategy, and the Border Force plays its part by identifying potential victims, and ‘targeting’, ‘intercepting’ and ‘disrupting’ traffickers, primarily at the border. How...
In HD (Trafficked women) Nigeria CG [2016] UKUT 00454 (IAC) the Upper Tribunal considered the position of victims of trafficking returning to Nigeria. Under the previous country guidance case, PO (trafficked women) Nigeria [2009] UKAIT 00046, in order to demonstrate a real risk of persecution on return to Nigeria, a...
Just a quick catch up post to alert readers to the Government’s response to the damning report by James Ewins, published on 17 December 2015, and developments since then. The review concluded that the Coalition Government’s amendments to the Immigration Rules on overseas domestic workers exposed them to enhanced risk...
The case of G and H v Upper Tribunal and SSHD [2016] EWHC 239 (Admin) is notable as the first reported case of a successful substantive Cart JR against a decision of the Upper Tribunal (Immigration and Asylum Chamber) refusing permission to appeal from the First Tier Tribunal (FTT) to...
The Administrative Court last week (22.5.15) handed down judgment in the case of R (on the application of AB) v Secretary of State for the Home Department [2015] EWHC 1490 (Admin), quashing a decision not to recognize AB as a victim of human trafficking for the purposes of the Council...
A successful judicial review claim by a trafficking victim is reported at R (on the application of FM) v Secretary of State for the Home Department [2015] EWHC 844 (Admin) (26 March 2015). Philip Mott QC sitting as a Deputy High Court Judge found that the Home Office had unlawfully...
In the past eighteen months Migrant Legal Project (MLP) has represented a number of Vietnamese minors on remand or serving Detention and Training Orders at Young Offender Institutes. All had been picked up for criminal offences relating to cannabis cultivation. Forced labour for cannabis cultivation is the most common form...
Finally, there has been a breakthrough in cases where victims of trafficking find themselves prosecuted and convicted here in the UK for engaging in the very activity into which the victim was forced. It may seem strange that it is the victims of trafficking that have ended up with criminal...
For the second time in as many months, the Employment Appeal Tribunal (EAT) has dismissed a direct discrimination claim brought by a migrant domestic worker against her employer. In this case and an earlier case, the Claimants were Nigerian nationals who had come to the UK on domestic worker visas...
Recently the Law Society Gazette ran an article by Yewa Holiday, a barrister and a case review manager at the Criminal Cases Review Commission (CCRC), which highlighted the plight of asylum seekers and refugees wrongly convicted after being advised to plead guilty to offences relating to their entry to the...
The case of R (on the application of Y) v Secretary of State for the Home Department [2012] EWHC 1075 (Admin) may change the way in which the Home Office approach ‘historical’ trafficking cases. Y left China, was smuggled into Sweden and then stayed in an unknown country. She was...
In an interesting recent ruling, (Zarkasi v Anindita & Anor [2012] UKEAT 0400_11_1801) the Employment Appeals Tribunal (EAT) considered an appeal from a trafficked domestic worker whose claim for unfair dismissal against her employer had been dismissed by the Employment Tribunal (ET). The ET had held that the contract of...
Today’s report by the Children’s Commissioner, Landing in Dover, exposes gross double standards by UK Border Agency officials. The report reveals the existence of a so called ‘gentleman’s agreement’ operating at the south coast ports whereby an unaccompanied child who did not make an immediate asylum claim would be returned...
Ever since the mysterious disappearance of the IAA Gender Guidelines from the old IAA website, there has been an absence of good guidance to immigration judges on gender issues in an immigration context. The Equal Treatment Benchbook has a very good chapter on women and equality generally but it does...
In a clear signal of a return to Victorian values of the undeserving poor and salvation through faith, the Home Office is terminating its funding for the fabulous Poppy Project for trafficked women and instead awarding a contract to the Salvation Army, the evangelical Christian missionaries known mainly for their...
