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Journal of Immigration

"Hastie Stable counsel Joe Bryce has his case comment on JB (Nigeria) [2014] CSOH 126 published in the current edition of the Journal of Immigration, Asylum and Nationality Law (J.I.A.N.L. 2014, 28(4), 402 - 404.)

Joe says:- "JB (Nigeria) is an important decision of the Court of Session with positive implications for the victims of trafficking.

The Court decided that once a woman has been conclusively determined to be a victim of trafficking, she may not be subject to third country return to the country or countries she was trafficked through. The UK has positive obligations to victims of trafficking, and those obligations include the assessment of the victim's international protection needs.

Gratifyingly, the Home Office did not appeal the decision, and when the petitioner went for her asylum interview, she was granted full refugee status without the need for any further appeal.

In my opinion, however, the law is ripe for further development. Women found to be reasonably likely to be victims of trafficking ought also to be protected by the principles established in JB. Further litigation will be required in order to test the extent of the principle of the positive obligations owed to trafficking victims."

Joe Bryce of the Hastie Stable along with Ailsa Carmichael QC were instructed by Nicola Loughran of Loughran & Co, Glasgow."