Sandra specialises in Immigration, Asylum and Public law and is ranked as a leading junior by Legal 500 and Chambers & Partners. She is passionate about providing legal assistance to vulnerable clients, often providing essential pro bono support to those in need. She often appears in the Tribunal and Court of Appeal, providing representation in asylum, deportation and family cases. She has a particular focus on cases involving aspects of EU Free Movement law.

In this presentation, Sandra begins by giving an overview of the practice of trafficking highlighting legal definitions and the European Convention of Human Rights (ECHR)’s obligations towards tackling trafficking as defined by the European Human Rights Convention. She then goes on to describe The National Referral Mechanism and the referral process used to deal with instances of suspected trafficking. Potential challenges and defences are demonstrated and illustrated with relevant case law and literature.

Key words/topics

 The Council of Europe Convention on Action against Trafficking in Human Beings

Article 4 European Convention of Human Rights

Prohibition on Slavery, servitude, forced labour

Identification of victims

Article 10 Protection of private life

Article 12 Assistance to victims

Article 13 Recovery and reflection period

Article 14 Residence Permit

Article 15 Compensation and Legal Redress

MS (Pakistan) v SSHD [2020] 1 WLR 1373

Rantsev v Cyprus & Russia (2010) 51 EHRR 1 §285

The National Referral Mechanism

Single Competent Authority

Immigration Enforcement Competent Authority

Referral process

Duty to Notify

Discretionary Leave to Remain

Nationality and Borders Act 2022

Temporary Leave to Remain as Victim of Human Trafficking

Exploitation

Refugee Convention

Safeguards

Non-punishment principle

R v AAD [2022] 1 WLR 4042

Ranstev v Cyprus & Russia (2010) 51 EHRR 1

R (TDT) [2018] EWCA Civ 1395