TD and AD (Trafficked women)
| Jurisdiction | UK Non-devolved |
| Judge | Upper Tribunal,UPPER TRIBUNAL JUDGE DAWSON,Upper Tribunal Judge Dawson |
| Judgment Date | 03 June 2015 |
| Neutral Citation | [2016] UKUT 92 (IAC) |
| Court | Upper Tribunal (Immigration and Asylum Chamber) |
| Date | 03 June 2015 |
[2016] UKUT 92 (IAC)
Upper Tribunal
(Immigration and Asylum Chamber)
Upper Tribunal Judge Dawson
Deputy Upper Tribunal Judge Bruce
For the Appellants: Miss S Khan, instructed by Ison Harrison Solicitors Miss R Frantzis, instructed by Bankfield Heath Solicitors
For the Respondent: Mr S Whitwell, Senior Presenting Officer
TD and AD (Trafficked women) CG
Much of the guidance given in AM & BM (Trafficked women) Albania CG [2010] UKUT 00080(IAC) is maintained. Where that guidance has been amended or supplemented by this decision it has been highlighted in bold:
“a) It is not possible to set out a typical profile of trafficked women from Albania: trafficked women come from all areas of the country and from varied social backgrounds.
b) Much of Albanian society is governed by a strict code of honour which not only means that trafficked women would have very considerable difficulty in reintegrating into their home areas on return but also will affect their ability to relocate internally. Those who have children outside marriage are particularly vulnerable. In extreme cases the close relatives of the trafficked woman may refuse to have the trafficked woman's child return with her and could force her to abandon the child.
c) Some women are lured to leave Albania with false promises of relationships or work. Others may seek out traffickers in order to facilitate their departure from Albania and their establishment in prostitution abroad. Although such women cannot be said to have left Albania against their will, where they have fallen under the control of traffickers for the purpose of exploitation there is likely to be considerable violence within the relationships and a lack of freedom: such women are victims of trafficking .
d) In the past few years the Albanian government has made significant efforts to improve its response to trafficking. This includes widening the scope of legislation, publishing the Standard Operating Procedures, implementing an effective National Referral Mechanism, appointing a new Anti-trafficking Co-ordinator, and providing training to law enforcement officials. There is in general a Horvath-standard sufficiency of protection, but it will not be effective in every case. When considering whether or not there is a sufficiency of protection for a victim of trafficking her particular circumstances must be considered .
e) There is now in place a reception and reintegration programme for victims of trafficking. Returning victims of trafficking are able to stay in a shelter on arrival, and in ‘heavy cases’ may be able to stay there for up to 2 years. During this initial period after return victims of trafficking are supported and protected. Unless the individual has particular vulnerabilities such as physical or mental health issues, this option cannot generally be said to be unreasonable; whether it is must be determined on a case by case basis .
f) Once asked to leave the shelter a victim of trafficking can live on her own. In doing so she will face significant challenges including, but not limited to, stigma, isolation, financial hardship and uncertainty, a sense of physical insecurity and the subjective fear of being found either by their families or former traffickers. Some women will have the capacity to negotiate these challenges without undue hardship. There will however be victims of trafficking with characteristics, such as mental illness or psychological scarring, for whom living alone in these circumstances would not be reasonable. Whether a particular appellant falls into that category will call for a careful assessment of all the circumstances .
g) Re-trafficking is a reality. Whether that risk exists for an individual claimant will turn in part on the factors that led to the initial trafficking , and on her personal circumstances, including her background, age, and her willingness and ability to seek help from the authorities. For a proportion of victims of trafficking, their situations may mean that they are especially vulnerable to re-trafficking, or being forced into other exploitative situations.
h) Trafficked women from Albania may well be members of a particular social group on that account alone. Whether they are at risk of persecution on account of such membership and whether they will be able to access sufficiency of protection from the authorities will depend upon their individual circumstances including but not limited to the following:
1) The social status and economic standing of her family
2) The level of education of the victim of trafficking or her family
3) The victim of trafficking's state of health, particularly her mental health
4) The presence of an illegitimate child
5) The area of origin
6) Age
7) What support network will be available .
| Section | Paragraph numbers |
| Introduction | 1–6 |
| Evidence | 7–75 |
| Our Conclusions on the Evidence | 76–112 |
| Legal Framework | 113–118 |
| Country Guidance | 119 |
| The Individual Appellants | 120–176 |
The following abbreviations are used in this determination:
This decision to which we have both contributed is in two parts. The first considers the availability or otherwise of a safe internal flight for women who have been trafficked for the purpose of sexual exploitation. This involves an assessment of the re-integration services offered by the Albanian State, NGO and civil society organisations to such an individual.
The second part is specific to the appellants who are two women from Albania who have been trafficked for sexual exploitation. They have both been found to be at risk of persecution in their home areas. It is accepted by the Secretary of State that they are unable to re-join their families or look to them for support if returned. The dispute for them that arises is whether it would be unduly harsh for them to relocate in Albania and whether they would be vulnerable to re-exploitation taking account of our general conclusions and matters specific to the appellants.
The Upper Tribunal last considered the issues relating to the return of trafficked women in AM & BM (Trafficked women) Albania CG [2010] UKUT 00080 (IAC) following hearings in February and May 2009. Its findings were summarised in the following headnote:
“a) It is not possible to set out a typical profile of trafficked women from Albania: trafficked women come from all areas of the country and from varied social backgrounds.
b) At its worst the psychological damage inflicted on a victim of trafficking can lead to difficulties in reintegrating into Albanian society and has implications on whether or not it is possible for the victim of trafficking, should she fear persecution in her own area, to relocate.
c) Much of Albanian society is governed by a strict code of honour which not only means that trafficked women would have very considerable difficulty in reintegrating into their home areas on return but also will affect their ability to relocate internally. Those who have children outside marriage are particularly vulnerable. In extreme cases the close relatives of the trafficked woman may refuse to have the trafficked woman's child return with her and could force her to abandon the child.
d) Those that see themselves outside society, for example, divorced or abandoned women, or others who wish to live abroad, may seek out traffickers in order to facilitate their departure from Albania and their establishment in prostitution abroad. Although such women are not “trafficked women” in the sense that they have not been abducted against their will, there is likely to be considerable violence within the relationships and the psychological affect of that violence may lead to a situation where the pressures which they are under and the lack of freedom they are under means that such women should be treated as trafficked women.
e) The Albanian Government and authorities are taking steps to protect trafficked women who return but such steps are not always effective. When considering whether or not there is a sufficiency of protection for a trafficked woman who is to be returned her particular circumstances must be considered. Not all trafficked women returning to Albania will be unable to access the arrangements and facilities available to enable successful re-integration.
f) Trafficked women from Albania may well be members of a particular social group on that account alone. Whether they are at risk of persecution on account of such membership and whether they will be able to access sufficiency of protection from the authorities will depend upon their individual circumstances including but not limited to the following:
1) The social status and economic standing of the trafficked woman's family.
2) The level of education of the trafficked woman or her family.
3) The trafficked woman's state of health, particularly her mental health.
4) The presence of an illegitimate child.
5) The area of origin of the trafficked woman's family.
6) The trafficked woman's age.”
The Secretary of State contends that since that case was heard there has been progress by the Albanian government in the detection of trafficking and the support of its victims; it is further said that the support victims of trafficking (“VOTs”) now receive from the IOM and NGOs provides safety and support to the extent that it would not be unreasonable nor unduly harsh to expect the women to relocate away from their families. On this basis their protection claims were refused. The First-tier Tribunal (First-tier Tribunal Judge Saffer) heard the appeals against the Secretary of State's decisions on 8...
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