Human Trafficking Victims Seeking Asylum

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A victim of human trafficking may claim asylum (international protection) in a few specific cases:

  • The trafficking victim is in a foreign country, has escaped from her or his traffickers, and subsequently seeks protection from the country to which she or he has been brought;
  • The trafficking victim was victimized in her or his own country and has escaped from her or his traffickers and has fled to a foreign country in order to obtain international protection;
  • The person concerned is not yet a victim of human trafficking, but has left her or his country because of a well-founded fear of becoming a trafficking victim.

 

The United Nations High Commissioner for Refugees created a set of Guiding Principles that explains how victims of human trafficking, or persons at risk of becoming victims, may obtain refugee status.


The number of asylum claims based on human trafficking is steadily on the rise.

 

Rights of Asylum Seekers during the Dublin 2 Procedure


On 17 April 2013, the Council of State repealed the Circular of 3 November 2009 and made it possible for asylum seekers involved in a Dublin II procedure to benefit from ATA (l'Allocation temporaire d'attente) and CADA.


An asylum seeker in France may benefit from ATA as soon as her or his first visit to the Prefecture to file the asylum claim. She may receive ATA until the transfer to the Member State responsible for the claim or until her claim is put into a Priority Procedure. If the claim is ultimately not transferred, the asylum seeker may receive ATA until the asylum claim has been decided in France.