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Immigration – Asylum – Victim of trafficking. Court of Session: In judicial review proceedings by a Nigerian asylum seeker who claimed to be a victim of trafficking and forced prostitution, seeking reduction of decisions to certify her asylum claim as one appropriately requiring removal to Italy and to issue removal directions, the court held that, on the basis that the transfer provisions of Council Regulation (EC) 343/2003 ('Dublin II') were engaged the Secretary of State had failed to exercise the residual discretion available under art 3(2) of Dublin II by considering the risk that the petitioner's rights under art 4 of the European Convention on Human Rights would be breached on return to Italy by exposure once again to forced prostitution.
Immigration – Asylum – Victim of trafficking. Court of Session: In judicial review proceedings by a Nigerian asylum seeker who claimed to be a victim of trafficking and forced prostitution, seeking reduction of decisions to certify her asylum claim as one appropriately requiring removal to Italy and to issue removal directions, the court held that, on the basis that the transfer provisions of Council Regulation (EC) 343/2003 ('Dublin II') were engaged the Secretary of State had failed to exercise the residual discretion available under art 3(2) of Dublin II by considering the risk that the petitioner's rights under art 4 of the European Convention on Human Rights would be breached on return to Italy by exposure once again to forced prostitution.
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