Victims of trafficking secure recognition of their trafficking status, revocation of deportation orders and granted leave to remain

Thursday 10 February 2022

Sonali Naik QC, Louise Hooper and Emma Fitzsimons of the Garden Court Public Law Team acted for the Claimants, instructed by Maria Thomas at Duncan Lewis Solicitors.

Duncan Lewis also instructed Agata Patyna of Doughty Street Chambers, in one of the cases, from the outset before she went on leave.

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Two victims of trafficking have finally been recognised, with the Home Office agreeing to revoke deportation orders and grant them leave to remain in the UK, following the successful settlement of judicial proceedings.

The Claimants (unrelated) were both brought to the UK as children and were subsequently taken into the care of social services by different Local Authorities. During their time in care, they were trafficked into child criminal exploitation. Instead of being promptly referred into the NRM, and protected from further exploitation, both individuals were prosecuted, imprisoned and subsequently subject to automatic deportation under the UK Borders Act 2007. Neither were identified as victims of trafficking until after the deportation decision was made, despite the presence of clear and compelling indicators of modern slavery. They were subsequently accepted as victims by the SCA in positive Conclusive Grounds decisions but refused discretionary leave on the basis of their convictions.

As a result of the judicial review proceedings, the SSHD agreed to revoke the deportation orders and decisions to refuse discretionary leave, and grant both Claimants leave to remain in the UK.

Duncan Lewis has tweeted about this case here.

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