This guidance case involves trafficking for forced labour of MS, a Pakistani male child. The forced labour took place in restaurants, takeaways and food production factories. The hearing covered the following issues:
- Whether the Tribunal has jurisdiction to determine whether MS is a victim of trafficking and if such finding is made, its significance for the removal decision under appeal with reference to the Council of Europe Convention on Action against Trafficking in Human Beings (CAT).
- Providing an opportunity for guidance and distinction between a victim of trafficking and a forced labour victim particularly with reference to the fact that MS was a child victim and the Convention on the Rights of Child.
- If MS is found to be a victim of trafficking whether the Secretary of State has continuing obligations to him pursuant to Articles 12-14 of CAT and whether the proposed removal of MS breaches Article 16 CAT. This requires consideration of whether these positive obligations are taken to apply under Article 4 ECHR as well as under CAT.
The case of MS (Pakistan) began in the Upper Tribunal on 8 December 2015 in front of the President and UTJ Blum. The Appellant was represented by Kathryn Cronin and Bryony Poynor of Garden Court Chambers.
The hearing will conclude next year.