10th January 2019
William Irwin represented the Secretary of State for the Home Department (SSHD) in the case of R(IXU) v SSHD  EWHC 19 (Admin).
The Claimant was a Nigerian woman who claimed to have been trafficked for the purposes of sexual exploitation. She challenged the Defendant’s conclusive grounds decision that she was not a victim of trafficking within the definition given in the Council of Europe Convention on Action against Trafficking in Human Beings (ECAT).
The court (Phillip Mott QC) dismissed the application, holding that the SSHD’s negative conclusive grounds decision was reasonable bearing in mind multiple inconsistencies in the Claimant’s account of events over the years.
The court also declined to depart from the finding of Farbey J in the case of R(MN) v SSHD  EWHC 3268 (QB) that the appropriate standard of proof when making a conclusive grounds decision was the balance of probabilities. William Irwin also represented the SSHD in that case.