Our client, ‘Basim’, a homosexual male originally from Albania, arrived in the United Kingdom as a minor. At just 14 years old, he had already endured a perilous and exploitative journey, having been trafficked through Belgium from Albania. His movements had been entirely controlled by third parties, and he was subjected to a range of abuses that left lasting psychological trauma.
Prior to instructing Barings Law, Basim had sought asylum with the assistance of previous legal representatives. Unfortunately, that initial claim was unsuccessful. After reviewing the case in detail, it became clear that essential aspects of the Basim’s circumstances, including significant indicators of trafficking and vulnerability due to his age and sexual orientation, had not been properly identified or presented.
Once instructed, our team took a comprehensive approach to reviewing the Basim’s immigration history. We identified several trafficking indicators that had been overlooked or underdeveloped in earlier representations. These included:
- Travel under control of third parties;
- Lack of autonomy over movement or accommodation;
- Evidence of forced labour or sexual exploitation;
- Psychological trauma consistent with coercion and abuse;
- Discrepancies in personal accounts attributable to trauma;
- History of abuse, isolation and threats from traffickers.
It was apparent from the outset that Basim was in a highly fragile state. His mental health difficulties were pronounced, and his traumatic experiences had left him with an understandable difficulty in recounting his past in a linear or consistent way.
Given the compelling indicators of trafficking, our legal team promptly referred Basim to the National Referral Mechanism (NRM), the UK’s framework for identifying and supporting victims of modern slavery and human trafficking. Our submission included detailed evidence not only of Basim’s trafficking history, but also of his ongoing vulnerability, mental health concerns, and lack of safe support structures in his country of origin.
In preparing this referral, our team liaised closely with Basim and support services to ensure that his account was presented sensitively, accurately and in a way that was informed by his psychological needs. This approach was crucial in helping Basim feel safe enough to provide vital details about his past experiences.
Following the submission, Basim received a positive conclusive grounds decision, officially recognising him as a victim of human trafficking. This outcome marked a pivotal moment for Basim’s journey toward protection.
In parallel with the NRM process, our legal team prepared and submitted Further Representations to the Home Office under Article 8 and Article 3 of the European Convention on Human Rights (ECHR), arguing that removal from the UK would constitute a breach of Basim’s right to private and family life, particularly given his long residence in the UK, his sexual orientation and the risk of re-trafficking and serious harm if returned to Albania.
Our representations highlighted:
- Basim’s long-standing residence in the UK since the age of 14;
- His integration into UK society and the support network he has rebuilt;
- His sexual orientation, and heightened risk of personalisation or marginalisation if returned to Albania;
- Heightened risk of re-trafficking and exploitation, given the networks that previously harmed and controlled him still believed to be residing in Albania;
- Ongoing and significant mental health issues where removal and disruption of care he is receiving could have a detrimental impact on his recovery.
Our team also included a range of supporting evidence, including psychological reports and statements from individuals who had worked closely with Basim, all of which attested to his vulnerability and the dangers he would face upon return.
In addition to the legal progress made, Basim began cooperating with the relevant agencies in efforts to build a broader understanding of the trafficking networks involved. This cooperation, while handled delicately and confidentially, further supported the seriousness of his case and his need for protection.
As a result, Basim was granted a positive decision under Article 8 and Article 3 of the ECHR. While he is still awaiting a decision on his right to remain in the UK, he is protected from removal until that decision is now reached. Our ultimate goal is that Basim can remain permanently in the UK, where he can continue to access support and rebuild his life free from fear and exploitation or return to a dangerous environment.
