Legal Update: Advice for potential victims of trafficking
Coram Children's Legal Centre
Tuesday, May 29, 2018
R (oao LL) -v- The Lord Chancellor CO/3581/2017
The case concerned LL, a young woman brought to the UK and sexually exploited as a child. The government found her to be a potential victim of trafficking and was considering if she definitely had been trafficked into this country and would qualify for discretionary leave to remain as a victim of trafficking, so she could recover from her experiences in safety and security.
The Legal Aid Agency had stated that LL was not eligible for free immigration advice as a victim of trafficking seeking discretionary leave on the basis of their trafficking experiences, despite having said publicly for the previous four years there was a right to legal aid for victims needing this sort of legal advice.
LL applied for judicial review, arguing she was entitled to legal aid for immigration advice while the government considered whether she was a victim of trafficking. The judicial review was settled the day before the court hearing. The government has revised its position and confirmed that victims of trafficking:
Have the right to legal aid for immigration advice where they have a government decision that they are a potential victim of trafficking (a "reasonable grounds" decision) or definitely a victim of trafficking (a "conclusive grounds" decision) and need advice on leave to enter or remain
Have the right to legal aid where they argue they should be granted discretionary leave to remain as a victim of trafficking;
Have the right to legal aid whether the immigration application is made formally or informally (i.e. whether or not an application form is used when requesting leave); and
Have the right to legal aid for advice about whether they are a victim of trafficking or not, but only when they are getting advice on leave to enter or remain too.
The Legal Aid Agency has confirmed it will also extend this interpretation to victims of slavery, servitude and forced or compulsory labour as well. This means victims of all types of modern slavery have a confirmed right to free immigration advice.
Migrant Children's Project guidance
For more information, see the Migrant Children's Project guidance at www.childrenslegalcentre.com/resources/