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Public law and Regulation

Case reports and guidance on public law and professional regulation issues

22 MAY 2012

R (on the application of Y) v Secretary of State for the Home Department [2012] EWHC 1075 (Admin)

Immigration - Trafficking - Victim - Change of circumstances

The Court found that the previous exploitation of the Claimant during her transportation to the UK did result in her being a victim of trafficking at that time. Her change of circumstances meant that she was no longer a victim of trafficking within the term prescribed by the Convention on Action against Trafficking in Human Beings.

20 April 2012

Administrative Court

Philip Mott QC

(1)        The Claimant, a 20 year old Chinese national, challenged a decision of the Defendant that she was not a victim of trafficking. In January 2007, the Claimant entered the UK concealed in the bottom of a vehicle. The Claimant was released to M upon payment of money to those who had brought the Claimant to the UK. The Claimant and M are now in a happy relationship and are parents to a child born in August 2008. In a statement in November 2008, M indicated that he had only paid an introductory fee, and had not ‘bought the Claimant'. The Claimant confirmed that she had freedom to move as she pleased.

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