FM, R (on the application of) v Secretary of State for the Home Department

Christopher Buttler (instructed by Deighton Pierce Glynn) for the Claimant Christian Jowett (instructed by Treasury Solicitor) for the Defendant Hearing dates: 19 & 20 March 2015 ____________________

i) Insofar as the Guidance purported to give effect to the terms of the CAT and failed to do so, that would be a justiciable error of law. In general it is not disputed, as I found in the case of R (E) v SSHD [2012] EWHC 1927 , that the Defendant has adopted the CAT in her published Guidance. The exception in Atamewan in respect of Article 27 of the CAT no longer applies because of changes in the wording of the Guidance, as set out below, which clearly now purport to give effect to Article 27 of the CAT, as the Defendant accepts.

iii) As a result of these two principles it is not disputed on behalf of the Defendant in the present case that I am entitled to look at both the CAT and the CATER when considering the Defendant's duties under her published Guidance.

i) The paramount objectives of the CAT are "respect for victims' rights, protection of victims and action to combat trafficking in human beings" [Preamble]. The purposes include "to protect the human rights of the victims of trafficking, design a comprehensive framework for the protection and assistance of victims � as well as to ensure effective investigation and prosecution" [Article 1(1)(b)]. Two of the main aims of the CAT are "the protection of the rights of trafficked persons and the prosecution of those responsible for trafficking". Those two aims are related to each other [CATER �57].

ii) The first stage is to identify victims and make a reasonable grounds decision. Thus, "if the competent authorities have reasonable grounds to believe that a person has been victim of trafficking in human beings" they must take various steps, including to "ensure that that person receives the assistance provided for in Article 12, paragraphs 1 and 2" [Article 10(2)].