In the landmark judgement, the High Court ruled that victims of human trafficking are to be granted leave to remain. This represents a departure from the current system, where individuals subjected to human trafficking could be stuck in the immigration system for a long time.
Often, if the Home Office refused leave to remain, victims were sent back to their original countries, which could put them at risk of being trafficked again. Most individuals seeking asylum in the United Kingdom are unable to claim benefits and are also prohibited from working or studying while their case is under review.
The new High Court ruling means that victims of trafficking are to be granted leave to remain if the Home Office does not submit an appeal against the decision.
What does this mean for victims of trafficking in the UK?
For victims, this is a major relief for those wishing to remain in the UK. Thousands of people could be affected by this ruling, which came about after a legal challenge from a Vietnamese woman who was a victim of trafficking with an asylum case that was ongoing.
Between 2016 and 2018, she was trafficked and forced to work in brothels and in the production of cannabis against her will. In 2018, she was recognised as a human trafficking victim, yet was still charged with conspiring to produce cannabis and sentenced to 28 months in prison.
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