United Kingdom of Great Britain and Northern Ireland

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) | Document type: Case Law | 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

2 February 2017 | Publisher: United Kingdom: Home Office | Document type: Policy/Position Papers

22 December 2016 | Publisher: UN Office on Drugs and Crime (UNODC) | Document type: Country Profiles

4 November 2016 | Publisher: Council of Europe: Group of Experts on Action against Trafficking in Human Beings | Document type: Resolutions/Recommendations/Declarations

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) | Document type: Case Law | 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

7 October 2016 | Publisher: Council of Europe: Group of Experts on Action against Trafficking in Human Beings | Document type: Country Reports