.png)
2 hours ago
1
The anti-slavery commissioner has criticised the home secretary, Shabana Mahmood, for accusing asylum seekers of making “vexatious last-minute claims” relating to modern slavery.
The commissioner, Eleanor Lyons, said the comments were “deeply concerning” and would have “a real-life impact” on trafficking victims.
The home secretary is to lodge an appeal against a high court injunction that prevented a 25-year-old Eritrean man from being forcibly removed to France on Wednesday as part of the government’s “one in, one out” deal to deter migrants from crossing the Channel in small boats.
After the injunction gave the man 14 days to gather evidence to support his claim to be a victim of trafficking, Mahmood accused asylum seekers of making “vexatious, last-minute” applications to avoid removal to France as the Home Office said it would review modern slavery laws. The appeal is asking for the man to be given less time to gather evidence.
Mahmood said she would stop claimants “suddenly deciding that they are a modern slave on the eve of their removal”, adding that it made a “mockery of our laws and this country’s generosity”.
She said: “Last-minute attempts to frustrate a removal are intolerable, and I will fight them at every step. Migrants suddenly deciding that they are a modern slave on the eve of their removal, having never made such a claim before, make a mockery of our laws and this country’s generosity.
“I will fight to end vexatious, last-minute claims. I will robustly defend the British public’s priorities in any court. And I will do whatever it takes to secure our border.”
Lyons told the BBC on Thursday: “There is no substantive evidence to suggest this system is being misused. The home secretary’s words have real-life impact on real victims. It is deeply concerning to suggest the system is being misused. Not enough is being done to prosecute those behind these crimes.”
She said victims of trafficking could not “self-declare to be a victim of modern slavery, it is the Home Office who are the ‘deciders’”. She added that the House of Commons and House of Lords had found no misuse of the system.
Speaking to the Guardian, Lyons said it was often difficult for victims to disclose a trafficking experience. The Eritrean asylum seeker has been in the UK for a few weeks and only secured legal representation days before the high court challenge.
Lyons said: “Victims of modern slavery have endured horrific exploitation at the hands of criminals. Many victims are fearful of their traffickers and speaking about their experiences. Often they do not recognise themselves as ‘victims’ and have been told by their exploiters that the authorities cannot be trusted or they fear violence or reprisals against their families.
“That is why trained professionals, such as police, immigration officers and NGOs, are tasked with identifying potential victims of modern slavery, not the victims themselves. It often takes time for victims to disclose their exploitation because trauma, fear and control by traffickers run deep.”
after newsletter promotion
The injunction preventing the Eritrean man from being removed was granted after an email arrived partway through the court proceedings confirming that trafficking authorities would not be able to accept evidence the man might send from France.
Commercial Air France flights were due to start removing small numbers of asylum seekers to Paris from Monday of this week. In return, France agreed to send the same number of asylum seekers to the UK legally. So far, nobody has been returned to France after tickets for asylum seekers due to fly on Monday, Tuesday and Wednesday were cancelled, often following individual legal challenges raising concerns about vulnerabilities such as being a victim of torture or trafficking or a suicide risk.
The Guardian has been told that some asylum seekers with tickets to France for Thursday and Monday have had them cancelled.
The Home Office still plans to send some failed asylum seekers to France this week.
Ahmed Aydeed, a solicitor at Deighton Pierce Glynn with expertise in trafficking law, said: “There is no abuse of the system as confirmed by parliament. There are, however, systemic government failings in following their own guidance on taking basic relevant information from victims of trafficking. This then leads to lawyers being duty-bound to take that information and putting it before decision makers. These government failings further harm victims, benefit trafficking gangs and waste significant public funds.”
