Case No. UKUT-00226-(IAC)

(2) We draw attention to, firstly, [42] of the error of law decision of this Tribunal: “[The FtT] misdirected [itself] , firstly in omitting to make a clear finding as to whether or not the Appellant was a victim of trafficking, secondly in concluding that it was sufficient to ascribe to the Appellant a lower position on a spectrum of trafficking and in omitting clearly to evaluate the nature of the Appellant’s employment in the United Kingdom and whether even if freely chosen by him it was nonetheless exploitative. ” Fundamentally, there was a failure to make any finding on the issues of whether the Appellant was trafficked to the United Kingdom and/or re-trafficked within the United Kingdom . In setting aside the decision of the FtT, Upper Tribunal Judge Goldstein expressly preserved certain findings, namely the FtT’s “ positive credibility findings that related to the Appellant’s circumstances in the United Kingdom …. ” The