
The Immigration and Public Law team at Duncan Lewis Solicitors has secured a significant victory before the First-tier Tribunal, with the Tribunal allowing our client's appeal on asylum grounds after finding that she would face a real risk of re-trafficking if returned to Angola.
The appeal was conducted by Aya Jamal, Solicitor, with Althea Radford of One Pump Court Chambers appearing as Counsel on behalf of the appellant.
This successful outcome represents the culmination of Duncan Lewis' long-standing representation of our client. She arrived in the United Kingdom as an unaccompanied asylum-seeking child after fleeing Angola. By the time Duncan Lewis began acting for her, she was being held in immigration detention. Our team successfully secured her release on immigration bail and went on to challenge the lawfulness of her detention. As a result, our client received £30,000 in damages in recognition of her unlawful detention.
Duncan Lewis also represented our client in proceedings under the National Referral Mechanism, securing a positive Conclusive Grounds decision confirming that she had been a victim of trafficking and modern slavery, as well as leave to remain as a victim of trafficking.
Challenging the Protection Claim
Our client initially claimed asylum after arriving in the United Kingdom as an unaccompanied child. Her claim was refused, and her appeal was dismissed following adverse credibility findings.
On 23 October 2023, Duncan Lewis submitted detailed further submissions supported by expert psychiatric, trafficking and country evidence. The further submissions explained why the previous credibility findings should no longer stand and why our client remained at risk of persecution as a survivor of trafficking if returned to Angola.
During the course of those proceedings, our client received a positive Conclusive Grounds decision under the National Referral Mechanism confirming that she had been a victim of modern slavery for the purposes of domestic servitude and sexual exploitation.
Despite accepting that our client had been a victim of trafficking and modern slavery, the Home Office refused the further submissions, maintaining that she was not entitled to refugee protection. Duncan Lewis appealed that decision to the First-tier Tribunal.
Fresh Evidence Before the Tribunal
A central issue before the Tribunal was whether there were grounds to depart from the earlier adverse credibility findings.
The Tribunal accepted that our client's delayed disclosure of domestic servitude and sexual exploitation was consistent with the effects of trauma, taking into account that she had been a young, unrepresented and vulnerable appellant during her earlier appeal. Having considered the extensive new expert evidence, together with the evidence relating to her trafficking, the Tribunal found there were compelling reasons to depart from the previous findings.
The Tribunal concluded that our client, as an Angolan female survivor of sexual trafficking, is a member of a Particular Social Group. It found that she would face a real risk of re-trafficking if returned to Angola, that sufficient state protection would not be available, and that internal relocation would not be reasonable. The Tribunal therefore allowed the appeal on asylum grounds.
Significant Outcome
This case highlights the importance of ensuring that survivors of trafficking are able to present fresh expert evidence where previous adverse credibility findings exist. It demonstrates that delayed disclosure must be assessed in the context of trauma and vulnerability, and that a careful assessment of medical, trafficking and country evidence is essential to determining future risk in asylum appeals.
The case also reflects Duncan Lewis' commitment to providing holistic representation for vulnerable clients. From securing our client's release from immigration detention and obtaining £30,000 in damages for her unlawful detention, to achieving a positive Conclusive Grounds decision and successfully overturning the Home Office's refusal of her protection claim before the First-tier Tribunal, Duncan Lewis represented our client at every stage of her journey towards justice.
About Aya Jamal
Aya Jamal is a Solicitor in the Immigration and Public Law departments at Duncan Lewis, supervised by Director Rohena Wallace. She has conduct of her own caseload spanning deportation, asylum, trafficking and modern slavery matters, alongside public law work including judicial review, unlawful detention and bail applications.
Contact Rohenna Wallace on 02031141153 or rohenaw@duncanlewis.com, or Aya Jamal on 02031141249 or AyaJa@duncanlewis.com.
About Duncan Lewis
Duncan Lewis is one of the UK's leading legal aid and privately funded law firms, with an Immigration and Public Law practice recognised for its representation of vulnerable clients including survivors of trafficking and modern slavery. The team regularly acts in asylum appeals, judicial review, unlawful detention and deportation matters, securing damages and protection outcomes for clients at every stage of their case, from initial detention through to Tribunal appeal.