Case No. UKUT-00226-(IAC)

(8) The trafficking issue features in the decision of the FtT. Its findings on this issue include the following: “[72] It seems to me that whether or not there was any intention to bring him to the UK to exploit him as opposed to assisting him to find work and support himself in the knowledge that he was not legally entitled to do so, he was a child at the time he was brought here and under the control of adults. ” “[73] I find on his own evidence that he was not subjected to any physical threats or actual violence to make him work and that when he was not happy with his situation he was able to leave without attracting any adverse attention. I do not find that this amounted to ‘forced labour’ but accept in reality he would have had little choice but to work on the black market as he had no permission to work and needed money to survive. He was a child surrounded by adults from his own country and at the very least would have been heavily influenced by them. Clearly he was vulnerable to exploitation. ” Having referred to the evidence of an expert witness, the FtT continued: “[74] … In her opinion the Appellant ….. would not have been able to facilitate his own travel and employment. In her expert opinion the intermediaries arranged the jobs and accommodation and thus exploited his vulnerability as a child to use him as cheap and illegal labour. It was her opinion that victims of trafficking are often accommodated at the site of the premises making them dependent on exploiters …. Living and usually [working] behind the scenes away from public view so that they can be controlled and isolated from the general public. I am satisfied that at least initially this was the position for the Appellant. However, his detailed account of events in the UK includes reference to him deciding himself to move closer to his work on one occasion …. and to his own decisions to move from one place to another ….. albeit with the assistance of others working in the industry. He was not sleeping at the work premises. He was not at any time subjected to violence or threats. At the most he may have been manipulated. ” “[75] … .. I find as a fact that he was assisted by adult males of Pakistani origin working in the same industry to move around the country to different jobs. I find as a fact that he was not in fear of those people but rather felt he had no choice but to work in these establishments in order to survive. His experiences in the UK may well have been an improvement to the life he had been experiencing in Pakistan before he came here. It is perhaps understandable that he would regard these people as friends and not understand exploitative relationships. He may have been manipulated by them or alternatively they may simply have been helping him to survive as an illegal immigrant. ” “ It was his view that he was paying money to people who arranged for his jobs and accommodation as returning a favour. He accepted long working hours and irregular payments as a fact of life. ” “[77] … He was to some degree exploited by adults in the catering industry who knew he did not have legal status and permission to work and that he was under 18. Given his apparent freedom to move around and choose to rent somewhere closer to his work and the fact that he was able to chose how to spend his money (notwithstanding he was paid below minimum wage)