Our client (P), was exited from NRM support following receipt of a positive conclusive grounds (CG) decision. He had not received NRM support for over a year.

In a judgment handed down on Wednesday 18 March 2020, the UK Supreme Court allowed the appeal of MS (Pakistan) v SSHD, overturned the Court of Appeal's judgment, and reinstated his successful appeal before the Upper Tribunal. This is a great result for victims of trafficking, ATLEU and the intervenors in the case.

A victim was awarded over a quarter of a million pounds in damages from her trafficker, in one of the first cases of its kind.

Sadly, in a judgment handed down on 23 March 2018, the Court of Appeal has overturned the ground-breaking decision of the Upper Tribunal (IAC) in MS (Pakistan).

The Supreme Court concludes that the State Immunity Act is unlawful since it prevents all employees of foreign embassies bringing claims for compensation against employer states regardless of the nature of the employee’s work.

The Supreme Court found that a diplomat who employed a domestic worker could not be said to have acted within their “official functions” with the result that the Saudi diplomat defendants in the case had lost any immunity from suit the moment they ceased to be in post.

H was a victim of trafficking, and brought proceedings against the respondents before the employment tribunal in relation to their alleged role in her trafficking. The respondents were acquitted of trafficking-related offences in criminal trials and, on that basis, applied to the tribunal for deposit orders against H.

A victim of trafficking is entitled under the Trafficking Directive 2011/36/EU/to legal aid in legal proceedings. Accordingly, a tribunal erred in law when it failed to grant a postponement of a merits hearing to permit the Claimant to access legal aid. A victim of trafficking has a right in EU law to legal aid and the courts and tribunals must give effect to this.

In a strongly worded judgment, The Hon. Mr Justice McCloskey, President and Upper Tribunal Judge Blum held that the tribunal has jurisdiction to make their own decision on whether an appellant is a victim of trafficking and to consider if a negative trafficking decision has been reached in breach of the Secretary of State’s policy guidance.

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. 

A test challenge in six immigration cases had been joined together as they raised common issues about exceptional case funding.