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R FK v Secretary of State for the Home Department

Judgment Cited authorities 4 Cited in 14 Precedent Map Related
Vincent
JurisdictionEngland & Wales
JudgeMr Justice Dove
Judgment Date18 January 2016
Neutral Citation[2016] EWHC 56 (Admin)
Docket NumberCase No: CO/4237/2015
CourtQueen's Bench Division (Administrative Court)
Date18 January 2016
Categories

[2016] EWHC 56 (Admin)

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

ADMINISTRATIVE COURT IN MANCHESTER

IN THE MATTER OF AN APPLICATION

FOR JUDICIAL REVIEW

Manchester Civil and Family Justice Centre,

1 Bridge Street West, Manchester, M60 9DJ.

Before:

Mr Justice Dove

Case No: CO/4237/2015

Between:
The Queen (on the application of) FK
Claimant
and
Secretary of State for the Home Department
Defendant

Camille Warren (instructed by Paragon Law) for the Claimant

Sam Karim (instructed by Government Legal Department) for the Defendant

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Hearing dates: 3 rd December 2015

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I direct that pursuant to CPR PD 39A para 6.1 no official shorthand note shall be taken of this Judgment and that copies of this version as handed down may be treated as authentic.

Mr Justice Dove
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Introduction

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1. On 6 th December 2013 the defendant refused to recognise the claimant as a victim of trafficking. An earlier decision had been made by the defendant that there were reasonable grounds to believe that the claimant was a victim of trafficking on 15 th March 2013. The background to that decision was that the claimant contended she had arrived in the UK in October 2011, and on 11 th January 2012 she had been encountered and arrested on suspicion of using a false UK passport to obtain a National Insurance number. She was also suspected at that time of being illegally in the UK. Following this on 3 rd February 2012 she claimed asylum. On 12 th June 2012 she was convicted of three offences of identity document fraud and sentenced to 15 months imprisonment concurrently. On 14 th June 2012 the defendant sent the claimant a notice of liability to deportation, and a deportation order was signed on 16 th October 2012. On 26 th October 2012 the claimant lodged an appeal against the deportation order. During the course of the appeal proceedings one of the defendant's officers having reviewed her file identified that she should be referred to the National Referral Mechanism as a potential victim of trafficking. Consequent upon this process the reasonable grounds decision referred to above of 15 th March 2013 was made.

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2. An initial conclusive grounds decision (subsequent to the reasonable grounds decision), in respect of the trafficking issue was made on 14 th May 2013. That decision was reconsidered following receipt of an expert report from Ms Lara Bundock on behalf of the claimant and a further negative conclusive grounds decision was reached on 29 th November 2013. In the context of a judicial review of that decision the defendant withdrew her decision, leading to the issuing of the decision of 6 th December 2013, which is the subject of these proceedings.

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The Facts

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3. The circumstances of the claimant coming to leave Pakistan are not in issue. It is accepted that in 2008 she was widowed in Pakistan following the death of her husband. Following her husband's death his children sought to prevent her inheriting his money and property through the use of legal proceedings. Her husband's assets were frozen and as a result the claimant was left without money and in need of borrowing from a property dealer called Mr Kazir. Mr Kazir sold the claimant's land without telling her and without giving her any of the proceeds of sale. He induced her to travel to Rawalpindi where he raped her in a hotel room, and told her that if she complained he would say she initiated the sexual activity. He told her that if she continued to have sex with him he would give her money. For fear of honour killing from her family or her deceased husband's family the claimant did not disclose the rape and continued to have sex with Mr Kazir for money. When the claimant discovered that Mr Kazir had sold her property and taken the proceeds of sale she sought to complain to the Land Registry who notified Mr Kazir. Mr Kazir then made threats to kill her. She had further difficulty with another property dealer who threatened to kill her as did an associate of Mr Kazir called Mr Hussain. The claimant became suicidal as a result of these threats and indeed attempted suicide on two occasions.

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4. At this low point in her life the claimant was introduced to friends of her aunt in Pakistan who told her they had seen an advert in a paper for a British man who was looking for a wife. The claimant agreed to her details being passed to this man because she was keen to escape the circumstances in which she found herself. The man who had placed the advert was a Mr Waheed. He travelled to Pakistan to meet the claimant and promised to marry her if she came to the United Kingdom. She agreed and this led to her entry into the United Kingdom around October 2011, using the British passport which ultimately proved to be false and led to her arrest.

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5. When she arrived in the United Kingdom Mr Waheed made no attempt to marry her. She was forced to live in his house for three months doing domestic chores and providing him with domestic services such as cooking and washing and initially was expected to have sex with him. Whilst at first she believed that Mr Waheed would marry her, ultimately she realised that she had been misled. Some three months after arriving in the UK the claimant was sent by Mr Waheed to claim benefits and this is what led to her arrest on 11 th January 2012. Whilst she was in prison for the offences described above she was informed by Mr Waheed that he had no intention of marrying her.

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6. As set out above, at paragraph 24 of the decision letter dated 6 th December 2013 the defendant does not seek to dispute the circumstances leading up to the claimant leaving Pakistan. The defendant does however note various sources of evidence in the decision letter at paragraphs 10–23 in relation to events after the claimant had arrived in the UK and sets out a number of inconsistencies in that evidence. This material is subsequently relied upon in reaching factual conclusions for the purposes of the decision. In particular, the decision notes that in a letter from Mr Waheed to the Hucknall Road Medical Centre of 16 th January 2012, in the response to the liability to deportation notice dated 16 th July 2012, and in letters from the claimant's representatives dated 20 th July 2012 and 22 nd August 2012 the claimant, Mr Waheed or those representing the claimant state that the claimant was in a relationship with Mr Waheed whereby she was his partner. By contrast, in her asylum screening interview dated 8 th February 2012 and in her substantive asylum interview dated 15 th February 2012 the claimant had stated that she was living with a family friend and looking after him. In statements to a First Responder dated 12 th March 2013, and in her asylum screening interview and substantive asylum interview she is noted as saying that she had fled Pakistan as a result of fear of non state agents namely the property agents who had made threats to kill her as set out above. Furthermore in the Judge's sentencing remarks of 11 th June 2012 it was noted by the Judge that she had left Pakistan because on the death of her husband she had been swindled out of his land and was under threat from irate relatives.

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7. As stated above, the factual materials which were before the defendant for the purposes of reaching her decision included an expert's report from Ms Bundock who is a caseworker with an organisation called City Hearts in Sheffield. She is a fully qualified social worker with experience in dealing with women who have been groomed or sexually exploited. The organisation for which she works provides a protected safe house for potential victims of human trafficking, and was subcontracted by the Salvation Army who in turn were contracted by the Ministry of Justice to oversee persons being assessed within the National Referral Mechanism for those alleged to be a victim of trafficking. As a result Ms Bundock has expertise in assessing the merit of claims by potential victims of trafficking. She had been the claimant's case worker following her arrival at the safe house on 12 th March 2013.

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8. Ms Bundock's report commences by examining the claimant's position at the point at which she was potentially trafficked from Pakistan. She notes that in her account the claimant "indicates not only a lifestyle of poverty but also one that was dependant on others to help her to live". Ms Bundock also considers the claimant's circumstances immediately after her husband's death in the following way at paragraph 15 of her report:

"15. Prior to her husband passing away, there seems to be no evidence of violence towards [the claimant]. However, following his death she recalls a number of incidences of violence or threats of violence related to borrowing money and negotiating her husband's property including "Hyatt took me to a hotel and it was there that he first raped me" (paragraph 8 First tier tribunal witness statement) "Hyatt came to my house…he threatened me and said…he would kill me and everyone else in my house" (paragraph 10) "On one occasion [Hussain] and his wife dragged me into their car and said they were going to kill me" (paragraph 14). Furthermore, the idea of violence and threats of violence connected with land grabbing is not unknown in Pakistan according to the country expert from paragraphs 32–52…

17. Given [the claimant's] situation prior to her potential trafficking, I believe the evidence suggests that she was highly vulnerable to traffickers as she meets every "push" factor set down in the research by Huda (2006). I would postulate that she was particularly vulnerable to deception, coercion and the abuse of power and vulnerability…

19. Previously, [the claimant] has not shared many aspects of...

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