DETERMINATION AND REASONS
1. This appeal comes before the Tribunal as a consequence of a remittal by the Court of Appeal subsequent to a previous hearing before the Upper Tribunal. In a statement of reasons the parties’ agreement as to the terms of the remittal are set out. These were: “To consider the issue of whether it was safe and reasonable for the appellant and her children to relocate within Vietnam, given her changed circumstances”, and “In accordance with the requirement under section 55 of the 2009 Act to treat the children’s interests as a primary consideration, to undertake a more comprehensive examination of what the children’s circumstances would be if they returned to Vietnam with their mother”. 2. The appellant is a national of Vietnam. Her evidence before the First-tier Judge was that her parents had died and she subsequently lived with her grandparents. She then went to work in Hanoi and her employer there suggested she could travel abroad where she could make more money, and he arranged for her to go to Hungary. In Hungary she was taken, locked up and raped and thereafter forced to engage in sexual activities for the payment of money. During this time she became close to a security guard and saved enough money and with his help managed to escape with a friend of his who provided her with a false passport in order to travel to the United Kingdom. 3. She arrived in the United Kingdom in October 2009, with a false passport and was dropped off at the Leeds Railway Station. She had a relationship with a man who was kind to her and this lasted until March 2010. She discovered that she had become pregnant and he kicked her out of the house. She went to stay with a lady who took pity on her and during this time she was visited by a friend of the person she was staying with and she began relying on him more and more and had a relationship with him. He had been put down as the father of her child. Subsequently she met another person through a friend and became pregnant by him, had another child and as a result of this incident he left her. She did not want to return to Vietnam as the gang who had arranged for her travel would be after her for money and she would not feel safe there and she sought asylum in the United Kingdom. 4. The judge accepted that she had been taken to Hungary and through her employer had been abused there. He did not accept that she would be at serious risk of being persecuted upon return to Vietnam and also dismissed the appeal under Article 8 of the Human Rights Convention. 5. The claim before the Upper Tribunal on 19 September 2013 proceeded by way of submissions only. Mr Lingajothy argued that the appellant had been trafficked for sexual exploitation. She went initially to Hungary and then to the United Kingdom. Her children had both been born in the United Kingdom and their fathers were unknown so that paternity was in question. Mr Lingajothy referred to what was set out in his skeleton argument about Article 4 of the Human Rights Convention and the Anti-Trafficking Convention of 2005. The facts of this case fell within the United Kingdom’s obligations to the appellant. 6. Mr Lingajothy argued that a number of the facts of the case were similar to those in