Nigeria v. Secretary of State for the Home Department
Country: United Kingdom
Court: Asylum and Immigration Tribunal / Immigration Appellate Authority
Purpose of ecploitation: Exploitation of the prostitution
This is a Court of Appeal case concerning a female citizen of Nigeria who was a victim of trafficking.
She arrived in the UK in January 2005 persuaded by a man that she could earn a good living in the UK. Once in the UK she discovered that the agent’s true purpose was prostitution. She was arrested in March 2005 and it became apparent that she was an illegal immigrant. She explained her ordeal to the police and claimed asylum.
In April 2005, the appellant’s asylum claim was refused by the Secretary of State for the Home Department. In October 2005, the appellant’s appeal was allowed on both asylum and human rights grounds. In March 2007, the appellants appeal was dismissed on asylum, human rights and humanitarian protection grounds. The woman appealed to the Court of Appeal which was granted. The Case was remitted for further consideration.
The case was heard at the Court of Appeal in order to deal with criticisms raised regarding the country situation for Nigeria and whether the appellant was trafficked by a single individual or a gang.
The Court looked at the appellant’s evidence which suggested that her agent had indeed been a member of a gang in Nigeria which would in turn, render the appellant at risk on return from the gang members.
In February 2011, it was found by the Court of Appeal, Civil Division, that the burden of proof in establishing that an individual was trafficked by a gang as opposed to a single trafficker does not fall on the applicant who is applying for protection. The Asylum and Immigration Tribunal had failed to take into account the claimant's evidence, which suggested that the people trafficker in the instant case had not worked alone.
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