Last updated 23/09/2021
Article 13 (3) of the Council of Europe Convention on Action against Trafficking in Human Beings allows for the 45 day period of recovery and reflection not to be observed if either:
- grounds of public order prevent it
- it is found that victim status was claimed improperly
The second provision above prevents the illegitimate use of victim status. As such, where there is firm objective evidence that an improper claim has been made, as soon as this becomes known, the Competent Authority must:
- issue a negative Conclusive Grounds decision
- curtail any remaining period of recovery and reflection
Home Office action only: Where the Home Office is the Competent Authority they will take action to withdraw Temporary Admission (TA) or Temporary Release (TR).
If there is firm objective evidence that an improper claim has been made, as soon as this becomes known, where the Home Office is the Competent Authority they will begin immediate withdrawal of the TA or TR and start appropriate action (if the person has any outstanding leave due to another immigration application this may continue to run unless found to have been claimed improperly also).
The Competent Authority must not however take this action lightly. If they have any doubt they must follow standard processes and observe the full 45 day recovery and reflection period.
It is also possible that an individual who initially claimed to be a victim of human trafficking or modern slavery could be involved in the trafficking of others. These cases must immediately be referred to the police or the Home Office criminal investigation team of Immigration Enforcement for appropriate action.
Where a Competent Authority has made a positive conclusive grounds decision, but information later comes to light which suggests that the decision was flawed, the Competent Authority should consider whether revocation is appropriate. If it is determined that it is appropriate to revoke the conclusive grounds decision, the Competent Authority caseworker must write to the individual concerned, advising them that the decision has been revoked and the reasons for this.
Home Office action only: if the individual has been issued a period of discretionary leave, the Competent Authority must consider whether curtailment of this leave is appropriate. See Improper claims on when the Home Office Competent Authority may curtail leave.