Case Law

1. Following the amendment to s 82 of the Nationality, Immigration and Asylum Act 2002 ('the 2002 Act'), effective from 20 October 2014, a previous decision made by the Competent Authority within the National Referral Mechanism (made on the balance of probabilities) is not of primary relevance to the determination of an asylum appeal, despite the decisions of the Court of Appeal in AS (Afghanistan) v SSHD [2013] EWCA Civ 1469 and SSHD v MS (Pakistan) [2018] EWCA Civ 594. 2. The correct approach to determining whether a person claiming to be a victim of trafficking is entitled to asylum is to consider all the evidence in the round as at the date of hearing, applying the lower standard of proof. 3. Since 20 October 2014, there is also no right of appeal on the basis that a decision is not in accordance with the law and the grounds of appeal are limited to those set out in the amended s 82 of the 2002 Act.

29 October 2018 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Social group persecution - Standard of proof - Trafficking in persons | Countries: Albania - United Kingdom of Great Britain and Northern Ireland

14 July 2017 | Judicial Body: Italy: Courts of First Instance | Topic(s): International protection - Trafficking in persons | Countries: Italy - Nigeria

17 January 2017 | Judicial Body: Ireland: High Court | Topic(s): Immigration law - Trafficking in persons | Countries: Ireland - Zimbabwe

The guidance set out in PO (trafficked women) Nigeria [2009] UKAIT 00046 at paragraphs 191-192 should no longer be followed.

17 October 2016 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Survivors of trafficking / Persons at risk of trafficking - Trafficking in persons - Women-at-risk | Countries: Nigeria - United Kingdom of Great Britain and Northern Ireland

18 July 2016 | Judicial Body: Switzerland: Tribunal administratif fédéral | Topic(s): Trafficking in persons | Countries: Nigeria - Switzerland

13 May 2016 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Trafficking in persons | Countries: Pakistan - United Kingdom of Great Britain and Northern Ireland

23 February 2016 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Survivors of trafficking / Persons at risk of trafficking - Trafficking in persons - Women-at-risk | Countries: Albania - United Kingdom of Great Britain and Northern Ireland

21 January 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Asylum-seekers - Prostitution / Commercial sex work - Survivors of trafficking / Persons at risk of trafficking - Trafficking in persons - Women-at-risk | Countries: Greece - Nigeria

15 September 2015 | Judicial Body: UN Human Rights Committee (HRC) | Topic(s): Effective remedy - Expulsion - Freedom from torture, inhuman and degrading treatment - Freedom of religion - International Covenant on Civil and Political Rights (ICCPR) - Right to life - Rule of law / Due process / Procedural fairness - Survivors of trafficking / Persons at risk of trafficking - Trafficking in persons | Countries: Denmark - Nigeria

25 March 2015 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Survivors of trafficking / Persons at risk of trafficking - Trafficking in persons | Countries: United Kingdom of Great Britain and Northern Ireland - Viet Nam