Proposed Rules for Assessing Credibility of Human Trafficking Victims

The UK government proposes changes to how the credibility of human trafficking victims is assessed under the new Immigration and Asylum Bill. Clause 36 mandates that late disclosures, material inaccuracies, or inconsistencies will be treated as damaging to a claimant’s credibility unless 'good reasons' are provided. Critics argue this approach contradicts the Home Office’s own existing guidance, which acknowledges that trauma, PTSD, and memory gaps often cause victims to disclose information slowly or in a fragmented manner, and many do not initially recognize their own situation as trafficking.

For the Turkish-speaking community in the UK, these proposed rules carry significant risks. Many survivors face challenges such as language barriers, limited formal education, and a lack of awareness regarding legal definitions of modern slavery. Often, it is only after receiving professional legal advice that a victim can articulate their experiences or identify that they have been trafficked. If the state fails to recognize signs of exploitation during initial interactions, this institutional failure could be unfairly turned into an evidential burden against the victim, as their later, more detailed accounts may be viewed as inconsistent.

The Bill fails to define what constitutes a 'good reason' for delays or inconsistencies, instead leaving it to the Home Secretary's guidance. This creates uncertainty for vulnerable individuals who may fear traffickers, feel shame, or struggle to convey sensitive information during asylum interviews, which are not always experienced as safe environments. Because adults cannot refer themselves into the National Referral Mechanism and rely on professionals to identify them, holding victims responsible for delays or memory gaps risks punishing them for the very trauma they have endured. Experts warn that this legislative shift prioritizes rigid assessment over the complex reality of human trafficking recovery.

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Source: Free Movement