The Lawful Residence Test: Update
/In September 2013, government proposed that anyone with uncertain or no immigration status within the previous year, or anyone not living here in the last 12 months, would be ineligible for legal aid.
Read MoreIn September 2013, government proposed that anyone with uncertain or no immigration status within the previous year, or anyone not living here in the last 12 months, would be ineligible for legal aid.
Read MoreFollowing our campaign with the charity Kalayaan and Justice for Domestic Workers, this year the Home Office changed its rules so that visas for overseas domestic workers will not be granted unless the employer agrees to pay the National Minimum Wage.
Read MoreFollowing a nationwide campaign during the passage of the Modern Slavery Act, the government has agreed to a review of the Overseas Domestic Worker visa and promised to follow its recommendations.
Read MoreThe government has introduced a restriction on the right to recover the National Minimum Wage. This new restriction, while not aimed at victims of trafficking, is likely to impact overwhelmingly upon them.
Read MoreThe government has set out new plans to tackle labour exploitation but we are concerned about the lack of detail in these proposals and in their explanation about why existing enforcement tools are not being used to full effect before new ones are introduced.
Read MoreMs Taiwo and Ms Onu were subjected to abuse and exploitation as domestic workers by their employers. The Court of Appeal concluded that they had both been mistreated because of their status as vulnerable migrant workers and the Supreme Court will now consider the issue in April 2016.
Read MoreATLEU are concerned that the Immigration Bill 2015 will make life much harder for people who are trying to escape and recover from exploitation so we have submitted evidence to the House of Commons committee.
Read MoreATLEU is speaking at two events organised to mark Anti Slavery Day in London and Manchester
Read MoreOur client Permila Tirkey speaks to BBC news to help stop others being kept in domestic servitude.
Read MorePermila Tirkey speaks to ITV News to help stop the hidden abuse of domestic workers and those targeted because they are born into a low caste.
Read MoreATLEU is calling for legal aid to be made available to victims so that others can hold their traffickers to account.
Read MoreVictoria Marks, solicitor for Ms Tirkey, discusses the judgment in Tirkey v Chandok on BBC 3 Counties Radio with Roberto Perrone tonight.
In a ground-breaking judgment handed down on 17 September 2015 the Employment Tribunal upheld numerous claims, including those for unpaid wages and religious and race discrimination, brought by an Indian woman of low caste kept in domestic servitude by her employers for 4 ½ years.
Ms Tirkey said: “I want the public to know what happened to me as it must not happen to anyone else. The stress and anxiety that this sort of thing creates for a person can destroy them. I have not been able to smile because my life had been destroyed. Now I am able to smile again. Now I am free.”
The government recently proposed a further increase to civil court fees. ATLEU is very concerned by the impact this could have on victims of trafficking who seek to bring compensation claims, challenge unlawful state behaviour by judicial review and pursue immigration appeals. We provided a response to the Government's consultation which you can read here.
The response of the Immigration Law Practitioners' Association is available here and ATLEU endorses their comments.
The government's consultation paper can be seen here.
ATLEU seeks a highly skilled individual wishing to make a real contribution to a charity championing human rights in the rapidly developing and high profile field of human trafficking. The successful candidate will be responsible for the co-ordination of 3 exciting and challenging projects over the next 12-18 months, during which time they will work closely with ATLEU’s dynamic team of lawyers. Read more here...
The deadline for applications for the immigration caseworker position in ATLEU's Immigration and Public law team has been extended to 23 July 2015. Interviews will now be held the week commencing 27 July 2015.
ATLEU is looking for an experienced immigration practitioner to join its expanding Immigration and Public Law Team. The ideal candidate will be committed to working with victims of trafficking and will be passionate about developing legal protections for this client group. If you are interested in joining ATLEU's dedicated team of lawyers please download the application pack here.
ATLEU acted for LS, one of six cases against the Lord Chancellor and Director of Legal Aid Casework considered by the Court of Appeal earlier this year. The Court of Appeal today handed down judgment that the Lord Chancellor’s Guidance on the exceptional case funding regime is incompatible with the requirements of Article 6 and Article 8 of European Convention of Human Rights and Article 47 of the Charter of Fundamental Rights because it sent a signal to caseworkers that the refusal of legal aid would breach Article 6 only in rare and extreme cases and the same applied to Art 47(3) of the Charter.
Lord Dyson found that the threshold being applied for legal aid was "very high" such that it was unlawful. He said: "It correctly identifies many of the factors that should be taken into account in deciding whether to grant exceptional funding, but it neutralises their effect by wrongly stating that the threshold for funding is very high and that legal aid is required only in rare and extreme cases."
Read more on the BBC website: http://www.bbc.co.uk/news/uk-30479146
ATLEU represents claimants in two significant appeals to the Court of Appeal being heard this week: 1) Janah v Libya, Benkharbouche v Sudan and 2) Reyes and Suryadi v Mr Jarallah Al Malki and Mrs Al Malki. The claimants seek to challenge the application of state and diplomatic immunity where claims are brought by domestic workers. These appeals are hugely significant. Overseas domestic workers working in diplomatic households and embassies are exceptionally vulnerable to exploitation and abuse including trafficking. Two of the Claimants have been identified by the Home Office to be victims of trafficking.
It is regrettable that the Foreign and Commonwealth Office, who are taking part in these hearings, will be taking the side of the defendants. Despite the Government's purported commitment to ending modern day slavery they are arguing to perpetuate a culture of impunity and to entrench the vulnerability of many.
Anti Trafficking and Labour Exploitation Unit