Home Office could be blocked from deporting trafficking victims to Albania

A British court has ruled that the Home Office may be prevented from deporting certain male trafficking victims to Albania due to the high risk of re-trafficking and lack of adequate support systems in the country. The decision comes after a landmark legal challenge brought by a 21-year-old Albanian man who was trafficked into the UK as a teenager and subjected to severe exploitation. The ruling was delivered by a panel of three senior judges in the upper tribunal of the immigration court, who accepted the man’s asylum claim despite five years having passed since he was first trafficked. They concluded that he faced a real risk of harm upon returning to Albania, citing ongoing issues with corruption and the absence of dedicated shelters for adult male trafficking victims. This new country guidance must now be taken into account by the Home Office before making decisions on deportations involving male trafficking victims from Albania. Over recent years, thousands of Albanian males have been identified as potential trafficking victims within the UK. Despite this, many have been deported under the assumption that they would be safe upon return. According to government data, Albanians have been the most frequently forcibly removed nationality from the UK in the past five years, with 2,247 individuals deported in the 12 months ending March 2023 alone, accounting for a quarter of all enforced removals during that period. The nature of trafficking has shifted significantly, with males, primarily boys and young men, now comprising the majority of victims, often trafficked into the UK's drug trade. Data from 2022 showed that 4,107 Albanian males were referred to UK services over potential trafficking, compared to just 502 women. By 2023, the numbers had slightly decreased but still reflected a stark imbalance, with 3,463 males and 588 females referred for similar reasons. The legal challenge was initiated by the 21-year-old man, who was initially trafficked from Belgium at age 16 by an Albanian gang. He was subsequently sold to another group, who transported him to the UK and forced him to cultivate cannabis. After escaping, he was recognized as a trafficking victim but denied asylum, as authorities believed he could safely return to Albania. However, the court’s decision overturned this stance, emphasizing the continued danger he would face upon deportation. The court’s judgment highlighted several critical concerns regarding conditions in Albania. While acknowledging some progress in combating corruption, the tribunal noted that the problem remains widespread. Additionally, there are no specific facilities designed to protect adult male trafficking victims, increasing the likelihood of these individuals being re-trafficked once returned to their home country. Legal experts specializing in cases involving Albanian trafficking victims have pointed out alarming tactics used by organized crime groups. These include recording instances of sexual abuse against child victims and threatening to publish the footage online. Gangs also use videos featuring family members in Albania to exert psychological pressure on young victims, ensuring compliance through fear. Physical abuse, such as breaking bones, is also reportedly inflicted on vulnerable individuals. Esme Madill, a solicitor at the Islington Law Centre, which focuses on representing Albanian trafficking victims, praised the court’s decision. She emphasized that the judgment aligns closely with the experiences observed in her practice, where she regularly encounters young survivors of extreme trauma and brutality. The court’s recognition of these dangers underscores the necessity for more robust protections and support mechanisms for trafficking victims. The Home Office has indicated it is evaluating whether to seek permission to appeal the ruling. This decision could have far-reaching implications for how the department handles future deportation cases involving Albanian male trafficking victims, potentially leading to a reassessment of current policies and procedures aimed at ensuring the safety and well-being of those at risk of further exploitation.