Victims of Trafficking: Status recognition and protection IDENTIFICATION DECISION MAKING ISSUES IN IDENTIFICATION OBLIGATION TO INVESTIGATE
|
|
- Willis Henderson
- 5 years ago
- Views:
Transcription
1 Victims of Trafficking: Status recognition and protection Council of Europe Convention on Action Against Trafficking in Human Beings Victims of Trafficking: Status recognition and protection The Convention s aims are threefold: preventing trafficking, protecting victims and promoting international cooperation. The principal obligations in the Convention in terms of victim protection are : 1. Their identification, and once identified a commitment that a victim should not be removed from the territory until the identification is complete (article 10) 2. Assistance for victims (article 12) 3. A reflection and recovery period during the two stages of the identification process (article 13) 4. Residence permits in specified circumstances for identified victims of trafficking (article 14) 5. Legal assistance and compensation for victims (article 15) IDENTIFICATION IDENTIFICATION ARTICLE 10 DECISION MADE BY COMPETENT AUTHORITY IDENTIFICATION=DECISION MAKING? COLLABORATION- ROUTINELY DOESN T HAPPEN FIRST RESPONDER REFERRAL FAILURES TO IDENTIFY OVER-RELIANCE ON SELF IDENTIFICATION DECISION MAKING The current practice is that decisions (reasonable grounds and conclusive decisions) are made by the UKBA competent authority on the basis of: The contents of an asylum interview (perhaps supported by a witness statement) or other interview conducted by the immigration service Representations by a support organisation and/or legal representative Information from social services Information from the police. OBLIGATION TO INVESTIGATE GATHERING FURTHER INFORMATION SOURCES-POLICE, UKBA INTELLIGENCE, CLIENT, OBJECTIVE INFORMATION APG ENABLES UKBA TO DISCUSS CASE WITH OTHERS WHO HAVE PROVIDED INFORMATION BEFORE VOT IS INFORMED OF DECISION AND WITHOUT CAPACITY TO MAKE FURTHER REPRESENTATIONS ISSUES IN IDENTIFICATION COOPERATION WITH THE POLICE NO EXPLOITATION OCCURRED (PARTICULAR PROBLEM WHERE VICTIM INTERCEPTED AT PORT) POTENTIAL PROSECUTION-DUTY NOT TO DAMAGE POTENTIAL PROSECUTION) 1
2 ISSUES IN IDENTIFICATION FAILURE TO SELF IDENTIFY CONFLICT CHILDREN CHILDREN Obligations arising under the Convention on the Rights of the Child; Section 55 of the UK Borders Act 2009 and UKBA policy; The immigration rules relating to children at paragraphs including the requirement to place more weight on the objective indications of risk; Home Office policy on Processing an asylum application for a child UNHCR Handbook at Adjudicator Guidance Note No. 8 April 2004 PROSECUTION OF VICTIMS ARTICLE 26 CPS GUIDANCE R V ML AND ORS [2010] EWCA CRIM 2327 R V O EWCA CIV CRIM 2835 HISTORICAL VICTIMS Y v SSHD [2012] EWHC 1075 (Admin) IS THE PERSON A VICTIM OF TRAFFICKING? DO THEY REQUIRE THE PROTECTION OF THE CONVENTION DUBLIN CASES DUBLIN CASES UKBA GUIDANCE SUGGESTS CONVENTION NOT RELEVANT BUT CONVENTION DOES NOT REMOVE RESPONSIBILITY IN THIRD COUNTRY CASES STATE RESPONSIBILITY TO IDENTIFY RECOVERY AND REFLECTION ENTITLEMENT TO RESIDENCE PERMIT REMOVAL IN SAFETY AND DIGNITY IDENTIFICATION OF THIRD COUNTRY DECISION ON ANY HUMAN RIGHTS CLAIM SHOULD NOT BE CERTIFIED PENDING TRAFFICKING DECISION IF POSITIVE REASONABLE AND/OR CONCLUSIVE DECISION HUMAN RIGHTS CLAIM SHOULD NOT BE CERTIFIED IF NEGATIVE CAN CERTIFY AND REMOVE UNDER DUBLIN (QUERY CAN THIS BE CHALLENGED?) QUERY INVESTIGATION WITH AUTHORITIES IN COUNTRY TO WHICH VOT BEING RETURNED? 2
3 RESIDENCE PERMITS ASSISTING POLICE PERSONAL CIRCUMSTANCES RESIDENCE PERMITS JURISDICTION OF AIT OTHERWISE NOT IN ACCORDANCE WITH THE LAW = REMITTAL DOES THE DISCRETIONARY LEAVE POLICY ADEQUATELY COVER A TRAFFICKING VICTIM S PERSONAL CIRCUMSTANCES? ARTICLE 4 ECHR- failure to investigate Siliadin v France (Application no /01) Rantsev v. Cyprus and Russia, Application no / There can be no doubt that trafficking threatens the human dignity and fundamental freedoms of its victims and cannot be considered compatible with a democratic society and the values expounded in the Convention the Court considers it unnecessary to identify whether the treatment about which the applicant complains constitutes slavery, servitude or forced and compulsory labour. Instead, the Court considers that trafficking itself, within the meaning of Article 3(a) of the Palermo Protocol and Article 4(a) of the Anti- Trafficking Convention, falls within the scope of Article 4 of the Convention. RANTSEV 286.In order for a positive obligation to take operational measures to arise in the circumstances of a particular case, it must be demonstrated that the State authorities were aware, or ought to have been aware, of circumstances giving rise to a credible suspicion that an identified individual had been, or was at real and immediate risk of being,traffickedor exploited In the case of an answer in the affirmative, there will be a violation of Article 4 of the Convention where the authorities fail to take appropriate measures within the scope of their powers to remove the individual from that situation or risk FAILURE TO INVESTIGATE The failure to investigate and article 4 ECHR can also be relied on in immigration proceedings. If there are clear indicators of trafficking and they have not been investigated removal would place the UK in breach of article 4. In cases where this has been run it has resulted in remittal of the matter to the SSHD. FAILURE TO PROTECT In April this year, the SSHD agreed damages to a Moldovan woman trafficked to the UK for prostitution who was removed to Moldova in 2003 where she was re-trafficked to the UK and forcibly exploited again. The history of this woman s treatment by her traffickers is appalling and having been recognised as a refugee in the UK, she pursued a claim under article 3 and 4 for damages for failing to protect her from inhuman treatment and torture and slavery. Again damages were agreed shortly before the case was to be heard by the High Court. 3
4 HUMAN RIGHTS ACT DAMAGES SECTION 7 HRA 1998 DAMAGES Section 8(4): In determining -(a) whether to award damages, or (b) the amount of an award, the court must take in account the principles applied by the European Court of Human Rights in relation to the award of compensation under Article 41 of the Convention. COMPENSATION DECLARATION ASYLUM DECISIONS AM and BM (Trafficked women) Albania CG [2010] UKUT 80 (IAC) Particular weight must therefore be given to the mental state of a victim of trafficking not only when considering whether or not a victim of trafficking might face persecution in her home area but also when considering issues such as internal relocation or her Article 8 rights. ASYLUM DECISIONS PO(Nigeria) v SSHD [2011] EWCA Civ132 Ability and Willingness of the Nigerian Authorities to offer Protection to Victims of Trafficking Our consideration of the background materials clearly demonstrates to us that in general the government of Nigeria is both able and willing to discharge its own duty to protect its own nationals from people traffickers. In particular: (a) The Danish Information Service Report: The Protection of Victims of Trafficking in Nigeria: a Fact Finding Mission to Lagos, Benin City and Abuja, 9/26 September 2007(April 2008) points out that the government of Nigeria have recognised the problem of traffickers and, since 2003, the legal and institutional foundation for combating trafficking and, equally important, support for victims of trafficking, have been in place in Nigeria. (b) The National Agency for the Prohibition of Traffic in Persons and other related matters (NAPTIP) is the principal organisation created by the Nigerian government to combat trafficking. The Trafficking in Persons (Prohibition) Law Enforcement Administration Act, 2003established NAPTIP and was enacted as a direct result of Nigeria wishing to fulfil its international obligations under the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. Risk to Victims of Trafficking in being Re-trafficked on Return to Nigeria (c) NAPTIP's own Legal and Prosecution Department were said in the April 2008 report, to have concluded six cases and another five were said to be pending. 58 victims of trafficking have been rehabilitated, while another 24 were waiting rehabilitation. We accept that with more funds, NAPTIP could do more to help victims, but the same could be said of any government agency with a finite budget. (d) The US State Department Report suggests that whilst Nigeria is not complying with minimum standards, it is "making significant efforts" to do so and has "demonstrated a solid commitment to eradicating trafficking". It also spoke of NAPTIP making solid efforts to investigate and prosecute trafficking cases, although the numbers of convicted traffickers remained low. There are clearly several reasons for that, but not, on the evidence before us, any lack of governmental effort or desire. It must be born in mind, however, that a claimant may still have a well-founded fear of persecution if she can show that the Nigerian authorities know or ought to know of circumstances particular to her case giving rise to his fear, but are unlikely to provide the additional protection her particular circumstances reasonably require. To that end: (a) A very careful examination of the circumstances in which the victim was first trafficked must be undertaken and careful findings made. If a victim has been told that she is required to earn a particular sum of money ("target earnings") forthe trafficker or gang, before being free of any obligation to the trafficker or gang, then, if the victim should escape before earning the target sums, there may well be a risk to the victim that on return to Nigeria she may be re-trafficked if found. The extent of the risk of the trafficking will very much depend on the circumstances in which the victim was originally trafficked. 4
5 (b) It must always be remembered that within Nigeria there are gangs of people traffickers operating who generate enormous sums of money from their activities. The evidence seems to us to be clear that where a victim escapes the clutches of her traffickers before earning the target earnings, then the traffickers are very likely to go to extreme lengths in order to locate the victim or members of the victim's family, to seek reprisals. (c) In the absence of evidence that a trafficked victim has been trafficked by an individual, it should be borne in mind that it is likely that the trafficking will have been carried out by a collection of individuals, many of whom may not have had personal contact with the victim. Within trafficking gangs, individual members perform different roles. One might, for example, be a photographer who takes the photograph which is used within the victim's passport, whether or not the passport is a genuine one. One gang member may, for example, be a forger who is involved in the preparation of false passports or other documents for use by the victim; one might be a corrupt police official, or a border guard, whose role is to assist in facilitating the victim's passage in some way. Gang members may perform any number of different roles but it is essential to bear in mind that if a victim has been trafficked by a gang of traffickers, as opposed to a single trafficker, then the risk of re-trafficking may be greater for someone who escapes before earning the target earnings set by the trafficker, because the individual gang members will have expected to receive a share of the target sum and will, therefore, be anxious to ensure that they do receive that share or seek retribution if they do not. PROTECTION TEST SUFFICIENT OR EFFECTIVE PROTECTION WILLINGNESS OR ABILITY OF STATE REASONABLE LEVEL OF PROTECTION LAW CRIMINALISING HARM WHAT IS THE SYSTEM? HOW IS IT IMPLEMENTED? WHAT EFFECT DOES IT HAVE IN PRACTICE? PROTECTION TEST SYSTEMIC ABILITY TO DETER/PREVENT HARM NOT SIMPLY PUNISHMENT AFTER THE EVENT HEIGHTENED DUTY WHERE AUTHORITIES KNOW OR OUGHT TO KNOW OF CIRCUMSTANCES PARTICULAR TO CASE GIVING RISE TO RISK WHERE, DESPITE SYSTEM ABILITY TO PROTECT, THE ADDITIONAL PROTECTION REQUIRED WILL NOT BE FORTHCOMING NOTSUFFICIENT OR EFFECTIVE 5
Trafficking Victims and Immigration Status. Matthew Fraser 12 September 2018
Trafficking Victims and Immigration Status Matthew Fraser mfraser@landmarkchambers.co.uk 12 September 2018 Article 14 of the Trafficking Convention Each party shall issue a renewable residence permit to
More informationVICTIMS OF TRAFFICKING IMMIGRATION LAW
VICTIMS OF TRAFFICKING IMMIGRATION LAW This paper reviews immigration issues and the crossover between status recognition under the refugee convention, protection under the ECHR and protection and identification
More informationGRETA s First National Report on Ireland: Identification of THB Victims
GRETA s First National Report on Ireland: Identification of THB Victims Prof Siobhán Mullally, Director, Centre for Criminal Justice and Human Rights, University College Cork GRETA: Article 10 Challenges
More informationPetitioner: Carmichael, QC, Bryce; Drummond Miller LLP. Respondent: McIlvride; Office of the Advocate General
OUTER HOUSE, COURT OF SESSION [2014] CSOH 126 P1206/12 OPINION OF LORD ARMSTRONG In the petition JB (AP) Petitioner; for Judicial Review of a decision of the Secretary of State made on 18 November 2010
More informationThe Criminalisation of Victims of Trafficking
The Criminalisation of Victims of Trafficking Legal Framework The UK is bound by the Council of Europe Convention on Action against Trafficking in Human Beings referred to as the Trafficking Convention.
More informationINQUIRIES, INVESTIGATIONS AND THE LAW THE POSITIVE DUTIES ON THE STATE TO INVESTIGATE TRAFFICKING AND PROTECT VICTIMS
INQUIRIES, INVESTIGATIONS AND THE LAW THE POSITIVE DUTIES ON THE STATE TO INVESTIGATE TRAFFICKING AND PROTECT VICTIMS Public Law Project Conference 21 April 2016 (1) The issues 1. There is no dispute that:
More information10/3/2017. Current human rights issues in homelessness and the allocation of social housing. A right to a home? Purpose of this part of the session
Current human rights issues in homelessness and the allocation of social housing Connor Johnston Garden Court Chambers 13 October 2017 A right to a home? Unfortunately not - Wandsworth LBC v Michalak [2002]
More informationInformation Note on Trafficking
Information Note on Trafficking 1. Key Legal Instruments 1.1 Council of Europe Convention on Action against Trafficking in Human Beings 2005 (the "Convention") 1.2 Directive 2011/36/EU on preventing and
More informationExtent of Court s competence in cases involving international trafficking in human beings
Information Note on the Court s case-law No. 126 January 2010 Rantsev v. Cyprus and Russia - 25965/04 Judgment 7.1.2010 [Section I] Article 4 Article 4-1 Trafficking in human beings Trafficking in human
More informationMODERN SLAVERY: A ROLE FOR NURSES
MODERN SLAVERY: A ROLE FOR NURSES Interactive Session Identifying and Supporting Potential Victims / Survivors of Modern Slavery Monday 12 th May, 2018 MOST PROFITABLE ILLEGAL TRADES A: 1. Drugs Trade
More informationTrafficking and the UK s approach to prevention and victim protection through the National referral Mechanism
Trafficking and the UK s approach to prevention and victim protection through the National referral Mechanism Definitions of Trafficking and Smuggling 1. The internationally accepted definitions derive
More informationTRAFFICKING AND NATIONAL REFERRAL MECHANISM
TRAFFICKING AND NATIONAL REFERRAL MECHANISM Convention on Action against Trafficking in Human Beings 1. The Council of Europe adopted the Convention on Action against Trafficking in Human Beings (Convention)
More informationCombat Trafficking in Human Beings. The European and Legal and Policy Framework. September 2015
Co-funded by the Prevention of and Fight against Crime Programme of the European Commission Combat Trafficking in Human Beings The European and Legal and Policy Framework September 2015 This report reflects
More informationAn Overview of the UK s Obligations. Sarah St Vincent The AIRE Centre
An Overview of the UK s Obligations Sarah St Vincent The AIRE Centre 1 Topics We Will Cover 1. The Directive: What does it add to existing law? 2. Specific obligations placed upon the UK 2 TOPIC 1: The
More informationTrafficking and Smuggling of Migrants under International Law
Innsbruck, 12 November 2015 Trafficking and Smuggling of Migrants under International Law Assessing the Impact of a Problematic Relationship Marco Pertile University of Trento OUTLINE Importance of trafficking
More informationSee Rantsev v Cyprus and Russia, (Application no /04), European Court of Human Rights.
ILPA response to the Department of Education consultation on the draft regulations and statutory guidance for local authorities on the care of unaccompanied asylum seeking and trafficked children The Immigration
More informationFOURTH SECTION. Application no /09 by Elizabeth KAWOGO against the United Kingdom lodged on 14 October 2009 STATEMENT OF FACTS
23 June 2010 FOURTH SECTION Application no. 56921/09 by Elizabeth KAWOGO against the United Kingdom lodged on 14 October 2009 STATEMENT OF FACTS THE FACTS The applicant, Ms Elizabeth Kawogo, is a Tanzanian
More informationHuman trafficking and Sensible Prosecuting
Human trafficking and Sensible Prosecuting International background Council of Europe Convention on Action against Trafficking Human Beings (2005) 1. The international starting point for the English case
More informationNorthern Ireland Modern Slavery Strategy 2018/19
Northern Ireland Modern Slavery Strategy 2018/19 Summary The Northern Ireland Human Rights Commission ( the Commission ): The Commission recommends that a human rights-based approach is embedded in the
More informationLSI Platform: Non- punishment provision
LSI Platform: Non- punishment provision RACE in Europe Project Research case studies UK Court of Criminal Appeal Judgment [2013] EWCA Criminal 991 UK 7-stage Intervention model for identifying victims
More informationSafeguarding Children Who May Have Been Trafficked
Safeguarding Children Who May Have Been Trafficked Contents 1. Introduction 2. Definitions 3. Important Information about Trafficking 4. Managing Individual Situations Identification of Trafficked Children
More informationIN THE COURT OF SESSION WRITTEN SUBMISSIONS FOR THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES IN THE APPLICATION FOR LEAVE TO APPEAL BY I.A.
IN THE COURT OF SESSION WRITTEN SUBMISSIONS FOR THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES IN THE APPLICATION FOR LEAVE TO APPEAL BY I.A. against a decision of the Asylum and Immigration Tribunal
More informationDiscretionary leave considerations for victims of modern slavery. Version 2.0
Discretionary leave considerations for victims of modern slavery Version 2.0 Page 1 of 19 Published for Home Office staff on 10 September 2018 Contents Contents... 2 About this guidance... 4 Contacts...
More informationGetting it Right for Separated & Unaccompanied Children in Scotland. Andy Sirel, JustRight Scotland 30 November 2017
Getting it Right for Separated & Unaccompanied Children in Scotland Andy Sirel, JustRight Scotland 30 November 2017 JustRight Scotland Scotland s Legal Centre for Justice and Human Rights Our vision: Collaborative
More informationParliamentary Inquiry into the use of immigration detention in the UK Submission by the Vulnerable People Working Group of the Detention Forum
Parliamentary Inquiry into the use of immigration detention in the UK Submission by the Vulnerable People Working Group of the Detention Forum September 2014 Key contacts: Ali McGinley, Director, Association
More informationResponse to the UK Border Agency s Consultation on Strengthening the Common Travel Area
16 October 2008 Response to the UK Border Agency s Consultation on Strengthening the Common Travel Area About the organisations responding jointly to this Consultation As a human rights charity, independent
More informationAdult Modern Slavery Protocol FOR Local Authorities
Adult Modern Slavery Protocol FOR Local Authorities The NRM and a local authority s statutory duties to identify and support victims of human trafficking and modern slavery Statutory Duties and Powers
More information(Legislative acts) DIRECTIVES
15.4.2011 Official Journal of the European Union L 101/1 I (Legislative acts) DIRECTIVES DIRECTIVE 2011/36/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 5 April 2011 on preventing and combating trafficking
More informationFamilies with No Recourse to Public Funds
Families with No Recourse to Public Funds Policy and Procedure November 2016 Contents Who are Families with No Recourse to Public Funds Legal duties Procedures Provision of support Useful links The Immigration
More information1 Ratified by the UK on 9 February Ratified by the UK on 7 April Ratified by the UK on 16 December 1991.
Response by the Northern Ireland Human Rights Commission to Lord Morrow's consultation on the Human Trafficking and Exploitation (Further Provisions and Support for Victims) Bill 1. The Northern Ireland
More informationLaura frequently acts for NGOs and both legally aided and high net worth individuals.
Laura Dubinsky Call: 2002 Email: l.dubinsky@doughtystreet.co.uk Profile Laura works extensively in public law at all levels, with a particular focus on cases with a refugee, immigration, ECHR or EU law
More informationAsylum and Immigration Act 2004: An update
March 2005 Asylum and Immigration Act 2004: An update Contents Introduction...1 Implementation summary...2 Content of the Act...3 1. Entering the UK without a passport...3 2. Credibility of asylum applicants...4
More informationA REVIEW OF EXCEPTIONAL LEAVE TO REMAIN AND HUMANITARIAN PROTECTION
Briefing Paper 9.4 www.migrationwatchuk.org A REVIEW OF EXCEPTIONAL LEAVE TO REMAIN AND HUMANITARIAN PROTECTION Summary 1.On 1 April 2003 the Minister for Citizenship and Immigration (Beverley Hughes)
More informationBreach of Human Rights and S4
Breach of Human Rights and S4 April 2016 Factsheet 12 In this Factsheet: Breach of European Convention of Human Rights Is it Reasonable to Expect the Asylum- Seeker Leave the UK? Out of Time Appeals to
More informationRecommended Principles and Guidelines on Human Rights and Human Trafficking (excerpt) 1
Recommended Principles and Guidelines on Human Rights and Human Trafficking (excerpt) 1 Recommended Principles on Human Rights and Human Trafficking 2 The primacy of human rights 1. The human rights of
More informationDraft Modern Slavery Bill
Draft Modern Slavery Bill 1. The Prison Reform Trust (PRT) is an independent UK charity working to create a just humane and effective prison system. We do this by inquiring into the workings of the system,
More information6 July Adam Whisker UK Border Agency. Dear Mr Whisker, Five Year Review of Asylum Cases
6 July 2009 Adam.Whisker@homeoffice.gsi.gov.uk Adam Whisker UK Border Agency Dear Mr Whisker, Re: Five Year Review of Asylum Cases This was briefly discussed at the National Asylum Stakeholders Forum meeting
More informationVictims of human trafficking and Modern Slavery
Victims of human trafficking and Modern Slavery Kate Roberts kate@humantraffickingfoundation.org Identification Rose was from West Africa. She described how she was tricked and trafficked to the UK for
More informationGUIDE GUIDE TO LEGAL REMEDIES FOR VICTIMS OF TRAFFICKING FOR LABOUR EXPLOITATION
GUIDE GUIDE TO LEGAL REMEDIES FOR VICTIMS OF TRAFFICKING FOR LABOUR EXPLOITATION Updated April 2017 Acknowledgements We would like to thank those with whom we ve met over the course of FLEX s training
More informationSeeking Refuge? A handbook for asylum-seeking women UPDATE 2014 FOLLOWING CHANGES TO THE IMMIGRATION RULES ON FAMILY MIGRATION
Seeking Refuge? A handbook for asylum-seeking women UPDATE 2014 FOLLOWING CHANGES TO THE IMMIGRATION RULES ON FAMILY MIGRATION What does this Update cover? Please note that the law on asylum and the asylum
More informationThe AIRE Centre. Human Trafficking, EU Law and the European Convention on Human Rights. Topics We Will Cover. Objectives of This Session
Human Trafficking, EU Law and the European Convention on Human Rights 2 July 2012 Edinburgh The AIRE Centre Mission: To promote awareness of European law rights and assist marginalised individuals and
More informationTen years of implementation of the Convention on Action against Trafficking in Human Beings: impact and challenges ahead
Ten years of implementation of the Convention on Action against Trafficking in Human Beings: impact and challenges ahead Conference on the occasion of the 10 th anniversary of the entry into force of the
More informationRecommendation CP(2012)4 on the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Denmark
Committee of the Parties to the Council of Europe Convention on Action against Trafficking in Human Beings Recommendation CP(2012)4 on the implementation of the Council of Europe Convention on Action against
More informationRecognizing victims of trafficking in human beings as refugees according to the 1951 UN Geneva Refugee Convention
Recognizing victims of trafficking in human beings as refugees according to the 1951 UN Geneva Refugee Convention Impact of a witness statement of a victim of trafficking in human beings on Refugee Status
More informationHuman Trafficking and Forced Labour What Perspectives to Challenge Exploitation?
A PICUM Policy Brief Human Trafficking and Forced Labour What Perspectives to Challenge Exploitation? By Don Flynn, PICUM Chair April 2007 PICUM Gaucheretstraat 164 1030 Brussels Belgium Tel: +32/2/274.14.39
More informationIN THE UPPER TRIBUNAL
IN THE UPPER TRIBUNAL Given orally at Field House on 5 th December 2016 JR/2426/2016 Field House, Breams Buildings London EC4A 1WR 5 th December 2016 THE QUEEN (ON THE APPLICATION OF SA) Applicant and
More informationInternational regulations Standards for implementation
International regulations Standards for implementation These standards have been developed as part of the Nordic Baltic pilot project, which aims to reinforce and support victim assistance for women victims
More informationGuidance on Immigration Bail for Judges of the First-tier Tribunal (Immigration and Asylum Chamber)
Tribunals Judiciary Judge Clements, President of the First-tier Tribunal (Immigration and Asylum Chamber) Presidential Guidance Note No 1 of 2018 Guidance on Immigration Bail for Judges of the First-tier
More informationTHE LAW COMMISSION SIMPLIFICATION OF CRIMINAL LAW: KIDNAPPING AND RELATED OFFENCES EXECUTIVE SUMMARY CHILD ABDUCTION
THE LAW COMMISSION SIMPLIFICATION OF CRIMINAL LAW: KIDNAPPING AND RELATED OFFENCES EXECUTIVE SUMMARY CHILD ABDUCTION PART 1 INTRODUCTION 1.1 This is one of two summaries of our report on kidnapping and
More informationPolicy PAPER. Improving the Identification and Support of Victims of Trafficking for Labour Exploitation in the EU
Policy PAPER Improving the Identification and Support of Victims of Trafficking for Labour Exploitation in the EU 01 Report published in September 2016 by Focus on Labour Exploitation (FLEX), Fairwork,
More informationGuidance for NGOs to report to GRETA La Strada International and Anti Slavery International
Guidance for NGOs to report to GRETA La Strada International and Anti Slavery International Introduction This short guide is developed by NGOs for NGOs to assist reporting about their countries efforts
More informationHelen Bamber Foundation Briefing for the Westminster Hall debate on the Detention of Vulnerable People on Tuesday 14 March from 2.
Helen Bamber Foundation Briefing for the Westminster Hall debate on the Detention of Vulnerable People on Tuesday 14 March from 2.30pm to 4pm The Member in Charge of the debate is Anne McLaughlin MP 14
More information- Norway. Birgitte Ellefsen Project manager. National Coordinating Unit for Victims of Trafficking
National Coordinating Unit for Victims of Trafficking - Norway Birgitte Ellefsen Project manager National Coordinating Unit for Victims of Trafficking National Police Directorate in Norway Organised Crime
More informationInternational Organization for Migration Review of the National Referral Mechanism Written Evidence Submission to the Review Team September 2014
International Organization for Migration Review of the National Referral Mechanism Written Evidence Submission to the Review Team September 2014 Introduction The International Organization for Migration
More informationPutting Rantsev into Practice
Putting Rantsev into Practice A conference on strengthening multidisciplinary operational cooperation to fight trafficking in human beings Organised by Poland, Cyprus and the Netherlands 16-18 April 2013,
More informationIrregular Migration, Trafficking in Persons and Smuggling of Migrants
Irregular Migration, Trafficking in Persons and Smuggling of Migrants 1 Understanding Irregular Migration Who are irregular migrants? Why does irregular migration exist? How do migrants become irregular?
More informationLokombe (DRC: FNOs Airport monitoring) [2015] UKUT 00627(IAC) THE IMMIGRATION ACTS
Upper Tribunal (Immigration and Asylum Chamber) Lokombe (DRC: FNOs Airport monitoring) [2015] UKUT 00627(IAC) THE IMMIGRATION ACTS Heard at Field House Decision & Reasons Promulgated On 5 August 2015 Before
More informationRecent challenges to accelerated procedures involving detention in the UK
Alison Harvey Legal Director Immigration Law Practitioners Association Recent challenges to accelerated procedures involving detention in the UK In Saadi v UK (2008) 47 EHRR 17 the European Court of Human
More informationSlavery, servitude and forced or compulsory labour. England and Wales Louise Douglas
Circular 2010/07 TITLE From: Slavery, servitude and forced or compulsory labour: Implementation of section 71 of the Coroners and Justice Act 2009 Criminal Law Policy Unit Issue date: 19 March 2010 Implementation
More informationIN THE MATTER OF COUNCIL DIRECTIVE 2004/83/EC IN THE MATTER OF S.I. 518 OF 2006 IN THE IMMIGRATION ACT 1999, AND THE REFUGEE ACT 1996 J. T. M.
Neutral Citation Number: [2011] IEHC 393 THE HIGH COURT 2010 1492 JR IN THE MATTER OF COUNCIL DIRECTIVE 2004/83/EC IN THE MATTER OF S.I. 518 OF 2006 IN THE IMMIGRATION ACT 1999, AND THE REFUGEE ACT 1996
More informationCurrent/Recent House of Lords Cases
Current/Recent House of Lords Cases By Naina Patel 1. Introduction. There have been 36 decisions in the last 10 years, over a quarter (10) of which have been in the last 12 months. The increased activity
More information1. UNHCR s interest regarding human trafficking
Comments on the proposal for a Directive of the European Parliament and of the Council on preventing and combating trafficking in human beings, and protecting victims (COM(2010)95, 29 March 2010) The European
More informationRecommendations regarding the Proposal for a Council Framework Decision on Combating Trafficking in Human Beings
Recommendations regarding the Proposal for a Council Framework Decision on Combating Trafficking in Human Beings Submitted by Women s Rights Division, Human Rights Watch Trafficking in persons is a grave
More informationKK (Application of GJ) Sri Lanka [2013] UKUT (IAC) THE IMMIGRATION ACTS. On 12 August 2013 On 30 September 2013 Prepared on 13 September 2013
Upper Tribunal (Immigration and Asylum Chamber) KK (Application of GJ) Sri Lanka [2013] UKUT 00512 (IAC) THE IMMIGRATION ACTS Heard at Field House Determination sent On 12 August 2013 On 30 September 2013
More informationInformation from Bail for Immigration Detainees: Families separated by immigration detention August 2010
Information from Bail for Immigration Detainees: Families separated by immigration detention August 2010 From November 2008 to August 2010, Bail for Immigration Detainee s (BID s) family team worked with
More informationTAKING THE RIGHTS STEPS Children s Rights: Wales and the World. Separated Children Seeking Sanctuary in Wales Swansea University, 11/12 th June 2012
TAKING THE RIGHTS STEPS Children s Rights: Wales and the World Separated Children Seeking Sanctuary in Wales Swansea University, 11/12 th June 2012 Welcome Mona Bayoumi Public Law Project Daisy Cole Head
More informationBefore : LORD JUSTICE VOS and LORD JUSTICE SIMON and
Neutral Citation Number: [2016] EWCA Civ 81 Case No: C5/2013/1756 IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE UPPER TRIBUNAL (IAC) Upper Tribunal Judges Storey and Pitt IA/03532/2007 Royal
More informationMaking Victim s Rights a Reality. The Practical Experience of the CCEM
Regional Round Table From Theory to Practice The Importance of Getting Justice In Combating Human Trafficking for labour exploitation including Domestic Servitude Making Victim s Rights a Reality The Practical
More informationReport concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Denmark
G R E T A Group of Experts on Action against Trafficking in Human Beings GRETA(2011)21 Report concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings
More informationReport concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Greece
G R E T A Group of Experts on Action against Trafficking in Human Beings GRETA(2017)27 Report concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings
More informationTHE MEDICAL FOUNDATION FOR THE CARE OF VICTIMS OF TORTURE
THE MEDICAL FOUNDATION FOR THE CARE OF VICTIMS OF TORTURE 1. Introduction...2 1.1. guidelines on examining torture survivors...2 1.2. Interviewing survivors of torture...2 2. Medical Reports...3 2.1. procedures...3
More informationA Lie More Disastrous than the Truth: Asylum and the identification of trafficked women in the UK
A Lie More Disastrous than the Truth: Asylum and the identification of trafficked women in the UK Abigail Stepnitz Abstract This article explores the impact that nationality can have on a person s experience
More informationUpper Tribunal (Immigration and Asylum Chamber) Appeal Number: HU/24186 /2016 THE IMMIGRATION ACTS
Upper Tribunal (Immigration and Asylum Chamber) Appeal Number: HU/24186 /2016 THE IMMIGRATION ACTS Heard at Field House Decision & Reasons Promulgated On 21 November 2017 On 24 January 2018 Before THE
More informationWho is eligible for housing? By Amy Lush, 12 College Place
Who is eligible for housing? By Amy Lush, 12 College Place alush@12cp.co.uk 02380 320 320 Introduction Eligibility for housing allocation and housing assistance Non-EEA nationals EEA nationals Right to
More informationList of issues in relation to the initial report of Sierra Leone (CCPR/C/SLE/1)*
United Nations International Covenant on Civil and Political Rights Distr.: General 23 August 2013 Original: English Human Rights Committee List of issues in relation to the initial report of Sierra Leone
More informationPresident's Newsletter Refugee Women and Girls. Who is a Refugee?
President's Newsletter Refugee Women and Girls According to the UN High Commissioner for Refugees (UNHCR), the number of refugees, asylum-seekers, and internally displaced across the world has surpassed
More informationRecommendation CP(2013)10 on the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Spain
Committee of the Parties to the Council of Europe Convention on Action against Trafficking in Human Beings Recommendation CP(2013)10 on the implementation of the Council of Europe Convention on Action
More informationAsylum and Humanitarian Protection
Asylum and Humanitarian Protection for Lesbian, Gay and Bisexual (LGB) People A guide designed to provide an overview of asylum law and humanitarian protection for lesbian, gay and bisexual people. Contents
More informationThe Role of Nigeria in Preventing Human Trafficking
The Role of Nigeria in Preventing Human Trafficking 1 Background/Introduction Nigeria has been identified as a source, transit and destination country for trafficking in persons Internal, Regional and
More informationSheona York, Kent Law Clinic, University of Kent
1 HOW CHILDREN BECOME FAILED ASYLUM-SEEKERS for European Children s Rights Unit Seminar 5 Legal and policy responses to child migration in Europe 12/1/15 Sheona York, Kent Law Clinic, University of Kent
More informationGuidance for Staff in Children s Social Care working with unaccompanied asylum seeking children
Guidance for Staff in Children s Social Care working with unaccompanied asylum seeking children This document provides guidance to staff working in Children s Social Care who are working with unaccompanied
More informationBorders, Citizenship and Immigration Act August Summary of key changes introduced by the Act: The Refugee Council s concern.
Borders, Citizenship and Immigration Act 2009 August 2009 Summary of key changes introduced by the Act: Key change The Refugee Council s concern Sections 39 and 41 establish a new path to citizenship for
More informationWorking Groups Session 1: Human trafficking
1. Human trafficking: overview and legal frameworks Human trafficking can implicate many different human rights, including: rights against slavery and forced labour, the right to personal liberty and autonomy,
More informationThe United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children: Reflections After Five Years.
The United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children: Reflections After Five Years. Concord Center Annual Conference on Disposable People: Trafficking
More informationEconomic and Social Council
United Nations Economic and Social Council Distr.: General 20 May 2002 Original: English E/2002/68/Add.1 Substantive session 2002 New York, 1-26 July 2002 Item 14 (g) of the provisional agenda* Social
More informationLegal Opinion on. the UK legislation. on Human Trafficking
HUMAN TRAFFICKING PROJECT by OXFORD PRO BONO PUBLICO* for UK JOINT COMMITTEE OF HUMAN RIGHTS Legal Opinion on the UK legislation on Human Trafficking University of Oxford, January 2006 *Oxford Pro Bono
More informationTHE IMMIGRATION ACTS. Heard at Field House Decision & Reasons Promulgated On 12 March 2018 On 23 April Before
Upper Tribunal (Immigration and Asylum Chamber) Appeal Number: PA/07910/2017 THE IMMIGRATION ACTS Heard at Field House Decision & Reasons Promulgated On 12 March 2018 On 23 April 2018 Before DEPUTY UPPER
More informationTHE SECRETARY OF STATE FOR THE HOME DEPARTMENT Appellant
Appeal No: CC-50627-99(00TH00728) Immigration Appeal Tribunal - Key Case Date heard: 13/4/2000 Date notified: 17/5/2000 Before: Mr P R Moulden(Chair) Mr P Rogers JP THE SECRETARY OF STATE FOR THE HOME
More informationInternational Association of Refugee Law Judges Guidelines on the Judicial Approach to Expert Medical Evidence.
International Association of Refugee Law Judges Guidelines on the Judicial Approach to Expert Medical Evidence. 1. Introduction 1.1. The International Association of Refugee Law Judges (IARLJ) is committed
More informationHuman Trafficking and Smuggling in the Migration Context: Challenges and Lessons
Policy Brief 2018:7 Human Trafficking and Smuggling in the Migration Context: Challenges and Lessons This policy brief focuses on irregular migration and the risks attached to being smuggled to another
More informationInternational Association of Refugee Law Judges Guidelines on the Judicial Approach to Expert Medical Evidence.
International Association of Refugee Law Judges Guidelines on the Judicial Approach to Expert Medical Evidence. 1. Introduction 1.1. The International Association of Refugee Law Judges (IARLJ) is committed
More informationHuman Rights Defenders Fact Sheet. Private Military/Security Companies
Human Rights Defenders Fact Sheet Private Military/Security Companies Disclaimer This document is solely the property of Peace Brigades International. It does not necessarily reflect the views of Peace
More informationReport concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Malta
G R E T A Group of Experts on Action against Trafficking in Human Beings GRETA(2012)14 Report concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings
More informationLSI La Strada International
German Bundestag s Committee on Human Rights and Humanitarian Aid Public hearing - Human Trafficking and forced prostitution in Europe - Wednesday 21 of May 2014, LSI La Strada International La Strada
More informationIn the Upper Tribunal (Immigration and Asylum Chamber)
In the Upper Tribunal (Immigration and Asylum Chamber) R (on the application of Onowu) v First-tier Tribunal (Immigration and Asylum Chamber) (extension of time for appealing: principles) IJR [2016] UKUT
More informationRefugee Law In Hong Kong
Refugee Law In Hong Kong 1. International Refugee Law Article 1A(2) of the 1951 Geneva Convention as amended by the 1967 Protocol defines a refugee as any person who: owing to a well-founded fear of being
More informationFIGHTING HUMAN SMUGGLING AND TRAFFICKING IN HUMAN BEINGS: EFFORTS IN WEST AFRICA
FIGHTING HUMAN SMUGGLING AND TRAFFICKING IN HUMAN BEINGS: EFFORTS IN WEST AFRICA A PAPER PRESENTATION ON THE TRANS-ATLANTIC SYMPOSIUM ON DISMANTLING TRANSNATIONAL ILLICIT NETWORKS, LISBON PORTUGAL BY THE
More informationREPORT FORM PROTOCOL OF 2014 TO THE FORCED LABOUR CONVENTION, 1930
Appl. 22. P.29 Protocol of 2014 to the Forced Labour Convention, 1930 INTERNATIONAL LABOUR OFFICE REPORT FORM FOR THE PROTOCOL OF 2014 TO THE FORCED LABOUR CONVENTION, 1930 The present report form is for
More informationCOMMITTEE GUIDE. COMMITTEE: GA2 Economical and Financial CHAIR: Imogen Sparks DEPUTY CHAIR: Finn Hetzler
COMMITTEE GUIDE COMMITTEE: GA2 Economical and Financial CHAIR: Imogen Sparks DEPUTY CHAIR: Finn Hetzler 1 Table of Contents Committee Guide 1 Introduction 3 Topic: Preventing the exploitation of refugees
More informationANTI-BRIBERY & CORRUPTION
ANTI-BRIBERY & CORRUPTION VOLCOM COMPLIANCE MANUAL 1. Introduction... 3 2. Application... 3 3. Oversight and Governance... 3 3.1 Responsible Parties... 3 3.2 Risk Assessment... 4 3.3 Monitoring... 4 4.
More information