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21-Jan-2017 08:49

Over four days of hearing we heard evidence from AM, Dr Roxane Agnew-Davies, a clinical psychologist specialising in violence against women, and from Dr Stephanie Schwandner-Sievers.We also had before us a report from Mr Alex Standish of the Department of Anthropology at Durham University and a number of medical reports relating to the appellants as well as the background documentation which we have listed in the addendum to this determination which includes the annual reports of the organisations in Albania set up to assist trafficked women who have been returned to Albania. Article 3 of the United Nations Protocol, to prevent, suppress and punish trafficking in persons, especially women and children dated 15th November 2000, supplementing the United Nations Convention against Transnational Organised Crime (the ‘Trafficking Protocol’) of that date, defines ‘Trafficking in Persons’ in the following terms:(a) ‘Trafficking in persons’ shall mean the recruitment, transportation transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation.Whether they are at risk of persecution on account of such membership and whether they will be able to access sufficiency of protection from the authorities will depend upon their individual circumstances including but not limited to the following: 1)The social status and economic standing of the trafficked woman’s family.2) The level of education of the trafficked woman or her family. The appellants are young women who are citizens of Albania.AM (hereinafter referred to as “AM”) was born on 16 August 1983 in Sinat Village, near Kukes in Northern Albania.

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The UNHCR Trafficking Guidelines, dated 20th May 2002, break down this definition into 'three essential and interlinked sets of elements’ as follows:“The act: recruitment, transportation, transfer, harbouring or receipt of persons’The means: by threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of power, abuse of a position of vulnerability, or of giving or receiving of payments or benefits to achieve the consent of a person having control over the victim; The purpose: exploitation of the victim, including, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery or servitude or the removal of organs.”AM’s case7.

Although such women are not “trafficked women” in the sense that they have not been abducted against their will, there is likely to be considerable violence within the relationships and the psychological affect of that violence may lead to a situation where the pressures which they are under and the lack of freedom they are under means that such women should be treated as trafficked women.e) The Albanian Government and authorities are taking steps to protect trafficked women who return but such steps are not always effective.

When considering whether or not there is a sufficiency of protection for a trafficked woman who is to be returned her particular circumstances must be considered.

Not all trafficked women returning to Albania will be unable to access the arrangements and facilities available to enable successful re-integration.

f) Trafficked women from Albania may well be members of a particular social group on that account alone.A took her back to Albania five months later in March 2006. About two months later, the Appellant realised that her stomach was getting bigger and she told A she believed she was pregnant. A then told her that he would take the Appellant to England and sell the baby. A, N and the Appellant travelled on a lorry on 3 July 2006, and A left them when they changed lorries.