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Immigration - Deportation - Application of Policy - Trafficking Victim
Where a policy had been adopted in relation to the treatment of claims by persons who had potentially been victims of trafficking, it was an error of law not to follow and apply that policy unless there were reasonable grounds to do so and an explanation was provided.
18 January 2016
Dove J1. The Claimant was originally from Pakistan. While in Pakistan, she had been left in destitution by the death of her husband and subsequently raped by a property dealer, who deprived her of her land.
ISSUE:6. The claimant sought judicial review of the Defendant's refusal to recognise her as a victim of trafficking on the basis that the Defendant had failed to apply her own policy ("Victims of human trafficking – competent authority guidance") vis-à-vis the consistency and delay in disclosure of the Claimant’s account.
7. The application was granted.
KEY PARAGRAPHS: ; [30-31]; [34-35].