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Lawson Hunte is always looking for positive ways to improve peoples lives, we have looked into the issue of trafficking extensively and have found an interesting list on the US Department of State’s website which will help those who work with individuals who may have been trafficked. In 2015, the first thing we looked at was indicators. The catalyst to this article was having to deal with client's who had been tricked into leaving their homes overseas to come to the UK for a better life only to find themselves in bondage. A second, catalyst to writing this article was the difficulties these individuals faced when they tried to prove they had been treated in this way. To Immigration Law practitioners, I would suggest obtaining instructions for detailed witness statements, which even if there is no tangible evidence the pointers will be there suggestive of situations of trafficking. In cases where the client can afford this, expert reports will help to identify cases of persons who come from regions where trafficking is common, whether for children or others.  The indicators are listed below:

Indicators

Living with an employer

They may be living in poor conditions

They may always be accompanied 

Their responses are rehearsed and scripted answers

Their employer retains identification documents

They receive little or no pay 

They are young 

They are engaged in prostitution

There are other indicators which might apply but for the purposes of this article only a few are listed. 

The UK has passed the Modern Slavery Act 2015, it is reportedly was first of it’s kind in Europe. The act aimed  to provide law enforcement agencies with better legislative back up to tackle the crime of human trafficking and to provide stringer support and protection for victims. In the field of immigration the Home Office is a first responder under the National Referral Mechanism; this is a framework for identifying victims of human trafficking. The coalition of agencies includes local authorities, Police Forces, The Salvation Army, Migrant Help, the Refugee Council and more. First responders complete an application form which allows access to stage 1 – the investigation into whether an individual is a potential victim of trafficking. If the decision is affirmative the individuals can be taken to a safe house and will be granted a period for reflection and recovery during which time the agencies concerned undergo and intelligence gathering process. Victims have a period for reflection and recovery which is 45 days,  before the investigation then moves onto stage 2 which utilises the information gathered in stage 1 to make an evidence based decision as to whether on the balance of probabilities the individual is “more likely than not” to be a victim of trafficking. In law the standard of proof referred to as the balance of probabilities means; is there a fifty fifty chance of 

If the stage 2 is proved the victim is granted discretionary leave to remain in the UK for up to one year and is expected to fully co-operate with police enquiries into the incidence of trafficking.

If the criminal justice process is not utilised then the UKVI can use their executive powers to grant discretionary leave based on an assessment of the victim’s circumstances. The UKVI can also put in place arrangements under the Assisted Voluntary Returns of Irregular Migrants Process.

If it is found that the individual has not been trafficked then the UKVI may look at their other circumstances which may give them a right to live in the UK and if there is no right to remain they will be offered support to voluntary return to their
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