The Supreme Court granted ATLEU permission to appeal the judgment of the Court of Appeal in MS (Pakistan) [2018] EWCA Civ 594. This gives the Supreme Court its first opportunity to consider complex issues concerning the identification of victims of trafficking.

Particularly, the Supreme Court will consider the extent of the National Referral Mechanism's duties under Article 4, ECHR (protection against slavery) when deciding whether a person is a victim of trafficking or not. In that light, the judgement will also consider whether and to what extent a negative decision will give rise to a right of appeal to the First-tier Tribunal (IAC), and how such a decision will impact on an existing right of appeal (i.e. on asylum or human rights grounds).

We hope that the Supreme Court's judgment will make it considerably easier to challenge poorly reasoned trafficking decisions at tribunal.

For more information on the case see:

MS vs Secretary of State for the Home Office

Upper Tribunal delivers judgment in guidance case of trafficked child