MS, a Pakistani national, claimed that he had been trafficked, having been deceived into thinking he was coming to the UK for education but in fact was employed in a series of Asian food shops. However, the relevant Competent Authority, in charge of deciding whether individuals are trafficking victims, issued a negative trafficking decision stating that there were no reasonable grounds to conclude that MS had been trafficked. That negative trafficking decision came to the attention of the Upper Tribunal during MS’ asylum appeal against the Secretary of State’s decision to remove MS from the UK. In that appeal, the Upper Tribunal “substituted itself” for the Competent Authority (para. 95) and decided that MS had in fact been a victim of trafficking. The Court of Appeal judgment in Secretary of State for the Home Department v MS (Pakistan) [2018] EWCA Civ 594, handed down on 23 March 2018, concerned the legality of the Upper Tribunal’s decision.

Here are five key points to take away from that decision:

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