Have a question?
033 3772 0409

Public Law Solicitors

Duncan Lewis’ client, a Sudanese victim of trafficking, has case referred to the Court of Appeal by the Criminal Cases Review Commission (4 March 2019)

Date: 04/03/2019
Duncan Lewis, Public Law Solicitors, Duncan Lewis’ client, a Sudanese victim of trafficking, has case referred to the Court of Appeal by the Criminal Cases Review Commission

GB, the appellant in this case, has a complex immigration history, which ultimately saw her arrested in 2008 after she tried to board a flight from Gatwick airport to Canada with a false passport. Despite presenting with a number of indicators that she was a victim of trafficking, she was convicted of an offence under section 25(1)(a) of the Identity Cards Act 2006 and she is now in the process of appealing the conviction. On 1 March, the Criminal Cases Review Commission has referred GB’s case to the Court of Appeal with the belief that the court will quash her conviction.

History of Trafficking

In 2006 GB travelled from Sudan to Ethiopia prior to an offer of employment in Italy. Her travel arrangements were put in place by the employer. When she arrived she was forced to work as a prostitute and in 2008 she fell pregnant.

At this point she tried to flee but she was beaten. When she was able to escape, she came via the UK in an attempt to board a plane to Canada. This was when she was arrested for having false documentation.

Appealing Conviction

GB pleaded guilty to the offence she was charged with under s.25 of the Identity Cards Act 2006, which resulted in a 12 month sentence that she served in 2008. This was prior to the positive reasonable grounds decision pertaining to her history of trafficking, which makes her a victim of a crime that forced her take desperate measures to escape and seek international protection.

In November 2017, GB instructed her legal representative to submit her case for review through the Criminal Cases Review Commission. After having assessed her case, the Commission has agreed to support her appeal by referring it to the Court of Appeal with the anticipation of a full revocation of GB’s conviction.

Asylum

Following advice from her legal representative she explained how she had come to be in the situation she was in, recounting her experience of abuse in Italy, to an immigration officer. She made a claim for asylum for herself and her daughter, however the Home Office initially refused her and she instructed her lawyer to make preparations to challenge this decision.

In 2015 her case was heard at the First-tier Tribunal of the Immigration and Asylum Chamber. After assessing the evidence presented, the FTT recognised that GB was a victim of trafficking and the Home Office’s initial refusal was revoked. Both GB and her daughter were granted asylum and recognised as refugees with leave to remain in the UK until 2021. After this point she will be eligible to apply for citizenship.

Representation

The appellant, GB, is represented by Immigration and Public Law Director, Bahar Ata, who heads the department at our Luton branch.


For all Public Law related matter contact us now.Contact Us

Call us now on 033 3772 0409 or click here to send online enquiry.
Duncan Lewis is the trading name of Duncan Lewis (Solicitors) Limited. Registered Office is 143-149 Fenchurch St, London, EC3M 6BL. Company Reg. No. 3718422. VAT Reg. No. 718729013. A list of the company's Directors is displayed at the registered offices address. Authorised and Regulated by the Solicitors Regulation Authority . Offices all across London and in major cities in the UK. ©Duncan Lewis >>Legal Disclaimer, Copyright & Privacy Policy. Duncan Lewis do not accept service by email.