Trafficking victim at risk of being re-trafficked not entitled to protection from the Home Office, Court rules

The case is that of TDT v Secretary Of State for the Home Department in which the court has ruled against the claimant.

The claimant has been anonymised to protect his identity. He is a victim of trafficking who, upon arrival to the UK, was detained by the Home Office at an Immigration Removal Centre along with a number of other victims of trafficking.

His solicitor, Silvia Nicolaou Garcia from Simpson Millar, had previously brought unlawful detention claims on behalf of several of other victims of trafficking who had entered the UK along with the claimant. They had already gone missing – presumed to have been re-trafficked upon their release from detention. In light of this, she robustly put the Home Office on notice that there was a very high risk of the claimant being re-trafficked if he was released from the Immigration Removal Centre without adequate safeguards being put in place.

Despite firm warnings, the claimant in this case was released to a private and unverified address without any liaison with other agencies. The Judge, Mrs Justice McGowan held that the Secretary of State should have given the claimant's lawyers an opportunity to apply for an injunction to stop him being released without protective measures in place, but dismissed the claim.


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