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WEB 1118 Vietnam: Representing victims of trafficking in their trafficking and asylum claims (PART 2) (WEBINAR)

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This webinar is part of the ILPA Representing Victims of Trafficking Series. We are also running webinars focusing on Albanian (7th Sep) and Nigerian (9th Nov) victims of trafficking. 

The shocking discovery of 39 Vietnamese migrants, dead in the back of a lorry in Essex in October 2019, shed a stark light on the plight of Vietnamese migrants who are smuggled or trafficked to the UK. The investigation and trial into the men responsible for their deaths provided unprecedented insight into the routes taken by thousands of Vietnamese people over the past twenty years, and into the exploitation and debt bondage that many face as part of that journey. Yet the smuggling and trafficking of Vietnamese people to the UK has not abated since; in fact, according to some experts, it has simply increased the price of the journey.

In this webinar we will explore the best ways to represent Vietnamese victims of trafficking in their trafficking claims before the National Referral Mechanism (NRM) and their asylum claims before the Home Office/ First-tier Tribunal. There is currently no Country Guidance case from the Upper Tribunal regarding risk to Vietnamese trafficking victims, making it all the more important to build each individual case as comprehensively as possible. While some of the tactics, evidence and legal arguments discussed will be applicable to victims of trafficking from other countries, this webinar will focus explicitly on building the strongest case for Vietnamese victims. 

This webinar will examine the following:

•    Common bases for Vietnamese trafficking claims and how to best present these (i.e. trafficking for sexual exploitation; for criminality –  i.e. cannabis farming; and for forced labour – i.e. nail bars); 
•    Common reasons for negative NRM decisions in and how to prevent/ challenge these;
•    Common reasons for negative asylum decisions and how to prevent/ challenge these;
•    Examining the objective country material and how to use it to maximum advantage (i.e. understanding the US State Department TIP rankings; the Asylos/ ARC report, etc.);
•    Examining Home Office documents, including the Vietnamese trafficking CPIN and Fact Finding Mission reports, including how to use these to maximum advantage and/ or challenging or distinguishing their findings where necessary;
•    Vietnamese trafficking victims as a Particular Social Group (PSG);
•    The importance of expert evidence including medical evidence (also addressing issues of vulnerability) and country evidence;
•    The particular position of male victims;
•    Problems of internal relocation including the Household Registration system;
•    Sufficiency of Protection and the authorities approach to trafficking (problems with the Vietnamese NRM and non recognition of victims identified overseas; the exception for labour exploitation cases; corruption); 
•    The relevance of Country Guidance cases from other countries (i.e. Nigeria, Albania) on Vietnamese claims;
•    How to address the case of Nguyen (Anti-Trafficking Convention: respondent’s duties) [2015] UKUT 170 (IAC) (which is not country guidance but is often used by the Home Office as such); and
•    How to build a case for Article 8 ECHR/ very significant obstacles due to stigma/ discrimination faced by Vietnamese trafficking victims.

Details

Date:
October 5
Time:
10:00 am - 1:00 pm
Event Tags:
,
Tutor details:
Lucy Mair, Barrister at Garden Court North Chambers
Tutor biographies:
Lucy is a Barrister at Garden Court North Chambers. Lucy regularly represents clients in all types of immigration and asylum appeals. Lucy is particularly noted for representing vulnerable clients who are victims of human trafficking, torture, domestic violence and sexual or other forms of exploitation. Lucy appears regularly in the First Tier and Upper Tribunals and has had success appealing to the Court of Appeal. She also has experience of bringing CART judicial reviews again the Upper Tribunal. 

Lucy’s approach to immigration and asylum case is substantially informed by her detailed knowledge of domestic, regional and international human rights law due to her previous career with Human Rights Watch. 

Lucy is a co-convenor of the ILPA North West working group.
Price:
Concessionary Training Prices: £35
Member Training Prices: £70
Non Member Training Prices: £150
CPD Hours:
3
Venue:
Zoom
Spaces Left:
45
Level:
Intermediate, Advanced
Audience:
All practitioners working with victims of trafficking. This is an intermediate-advanced course so some knowledge of trafficking and asylum law/processes is essential.
Methods:
Webinar with interactive case studies and Q&A
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