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Immigration: Females

Volume 462: debated on Thursday 28 June 2007

To ask the Secretary of State for the Home Department what guidance is given to case workers on granting leave to remain to vulnerable women who have been (a) trafficked from and (b) raped in their country of origin; and if he will make a statement. (145879)

Where a female victim of trafficking or rape claims to fear persecution we will carefully and sensitively consider the application on its individual merits under the UK’s obligations to the 1951 Refugee Convention and the European Convention on Human Rights. Rape and trafficking are forms of harm which may constitute a form of persecution. This is specifically referred to in the guidance given to case workers. Where a woman is able to demonstrate a well-founded fear of persecution, she will be granted protection. Guidance for decision makers on considering asylum and human rights claims and granting leave is provided in Assessing the Claim, Humanitarian Protection and Discretionary Leave asylum instructions, which can be found on the Border and Immigration Agency website at:

http://www.bia.homeoffice.gov.uk/documents/asylumpolicyinstructions/