Victory for victims of trafficking

09.09.13 | |

In R (Atamewan) v SSHD, the Divisional Court (Aikens LJ and Sibler J) found that the Home Office policy on "historical victims" of trafficking is unlawful. The judgment confirms that the Convention on Action Against Trafficking in Human Beings requires that any person who there are reasonable grounds to believe has been trafficked should be recognised as a victim of trafficking irrespective of their need for protection and assistance at the time they present to the authorities. The court also held that the Home Office have an Article 4 positive obligation to trigger an investigation where a credible allegation of trafficking is received.

 

The Secretary of State for the Home Department was ordered to facilitate Ms Atamewan's return to the UK and to grant her a period of leave to remain - Phillippa Kaufmann QC and Michelle Knorr represented Ms Atamewan instructed by Nina Rathbone Pullen of Wilson Solicitors LLP.

 

To read the full judgment please click here.

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