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Government thwarted in bid to deport modern slavery victim who feared he would be killed if returned

Exclusive: Duc Kien Nguyen, trafficked to Britain and forced to work on a cannabis farm for eight months, given last-minute reprieve from deportation after The Independent highlights his plight

Social Affairs Correspondent

Wednesday 13 June 2018 19:43 BST

Duc Kien Nguyen, who is in his 40s, feared for his life from traffickers if he had to go home

The government has made a U-turn over the deportation of a Vietnamese modern slavery victim after The Independent highlighted his plight.

Duc Kien Nguyen, who is in his 40s, said he feared he would be killed by his traffickers if forced to return to his country after he was issued a deportation notice from the Home Office saying he was to be removed on Thursday.

But hours after The Independent reported on Mr Nguyen’s case on Tuesday, the Home Office accepted an application for a judicial review of his asylum claim, and his removal was halted. Mr Nguyen remains in detention and his solicitor is currently trying to grant him bail.

Mr Nguyen was trafficked to Britain by a drugs gang in 2014 and forced to work on a cannabis farm in southeast England for eight months, during which time he was locked in a house with only a mattress to sleep on.

The Home Office accepted that he was a victim of trafficking last August, but claimed it would not be “appropriate” to allow him to remain in the UK.

Campaigners said earlier this week that the threat to Mr Nguyen was the latest example of Theresa May’s hostile environment to migrants, following on from the Windrush scandal that saw British citizens wrongly deported to the Caribbean.

Speaking from Colnbrook immigration centre on Wednesday, Ms Nguyen said: “I feel very happy. I was so scared... I think my life would have been in real danger. I could have been killed.”

Police arrested Mr Nguyen in 2015 after raiding the cannabis farm where he was enslaved, and he was sentenced to 15 months in prison, which he described as “hard but better than growing cannabis”, adding: “I felt more freedom in prison.”

The Home Office accepted that Mr Nguyen was a victim of trafficking last August and he was released on bail in January last year and relocated to Glasgow where he threw himself into volunteering and developed a large network of friends.

But after the Home Office refused his appeal for asylum, he was taken to Dungavel House removal centre in South Lanarkshire and then moved to Colnbrook in Harmondsworth, Greater London, to await deportation.

Bhaveshri Patel-Chandegra, a solicitor from Duncan Lewis who is representing Mr Nguyen, said the Home Office has failed to consider his fresh claim – containing details of his trafficking ordeal – which led to his deportation threat.

“It’s outrageous. Duc was hours to being sent back. If we hadn’t taken that immediate action, he would have been sent back and the UK would have been in breach of its own human rights convention,” she said.

“His fresh claim had not been considered properly – [it was] submitted with new evidence and should have been considered by the secretary of state, which they failed to do. How can you try and remove someone who’s got all these things pending?

“You end up pulling your hair out – you think, how can this actually happen?”

Modern Slavery in the UK

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1/13Modern Slavery in the UK

Modern Slavery in the UK

NCA has launched a touring photographic exhibition which aims to portray the signs of slavery and exploitation. Entitled ‘Invisible People’, the exhibition will tour the country as part of the National Crime Agency’s campaign to raise awareness of modern slavery and human trafficking.

National Crime Agency

Modern Slavery in the UK

Child trafficking

Child trafficking for sexual exploitation Traffickers use grooming techniques to gain the trust of a child, family or community. The children are recruited, transported and then sold for sex, often returning to their homes immediately afterwards, only to be picked up by the same people again. This is happening here in the UK, to migrant and British-born children. Spot the signs of child trafficking: Often, children won’t be sure which country, city or town they’re in. They may be orphaned or living apart from their family, in unregulated private foster care, or in substandard accommodation. They may possess unaccounted-for money or goods or repeatedly have new, unexplained injuries.

National Crime Agency

Modern Slavery in the UK

Agriculture

Some workers in the farming sector, harvesting grains or root vegetables, tending livestock or fruit picking, are being exploited every day in the UK. Victims of this crime in the agricultural sector are often Eastern European men and women, who were promised a job by traffickers, or they could be individuals on the fringes of society, homeless or destitute. Through threats, violence, coercion or forced drug and alcohol dependency, they’re enslaved, working for little or no money, living in squalid conditions having had their identity documents taken from them. Spot the signs of exploitative labour in agriculture: Agricultural slaves often have their wages paid into the same bank account, meaning an illegal gangmaster is likely collecting all their wages. Exploited agriculture workers often don’t have suitable protective equipment, working instead in cheap sports clothing and trainers, and don’t have a different change of clothes from day-to-day.

National Crime Agency

Modern Slavery in the UK

Food processing

Polish or Slovakian men are brought to the UK with the offer of employment and, after arrival, gangmasters seize documents, opening multiple bank and utility accounts in their names – but refuse to handover access to the accounts or bank cards. Hours are long and the work is gruelling and dangerous. Workers are abused and are controlled by threats of harm to their families at home. Spot the signs: Those exploited wear inappropriate clothes and often no safety gear – despite working with dangerous and life-threatening equipment. They may often have untreated injuries and be refused medical attention, and will live and work in agricultural outhouses.

National Crime Agency

Modern Slavery in the UK

Construction

Labour-intensive sectors like construction, where temporary and irregular work are common, are high-risk sectors for forced labour. With new homes, offices and buildings being constructed or upgraded in great quantity, labour exploitation is the second most common type of modern slavery, after sexual exploitation. Spot the signs of exploitative labour in construction: Exploited workers are often not provided with protective clothing or equipment, and may show signs of abuse or carry old untreated injuries. Slave workers are also likely to work extremely long work hours for six or seven days a week without any leave. Photographer Rory Carnegie, said: “I wanted this image to communicate that despite being forced to live, eat, wash and sleep – where they’re working, in cramped and unhygienic conditions, that there is a human instinct to domesticate. I wanted to show how there is still hope and dignity in the most squalid and difficult of circumstances.”

National Crime Agency

Modern Slavery in the UK

Maritime

In the tough maritime industry young men, often Filipino or Indian, Eastern European or African, are promised a better life, but instead find themselves in a cycle of debt and exploitation. Unable to read, they are offered a job, given papers to sign and begin working on a trial-basis, only to be told they have failed and owe money, and have to work more to settle the debt. They may be forced to work for long hours in intense, hazardous and difficult conditions. Photographer Rory Carnegie, said: “In the 80s, Chris Killip published a series of images called In Flagrante, and these images were at the forefront of my mind while composing this shot. I wanted to show the utter desperation of these men - how passed their limit they are. The broken floats and the entire decaying environment around him, I saw as a metaphor for his existence.”

Rory Carnegie/National Crime Agency

Modern Slavery in the UK

Forced prostitution

Each year, women from across Eastern Europe and West Africa are lured to the UK by the dream of a better life. Whether by fake migration services or unscrupulous individuals who befriend and then betray them, women fall into a dark spiral of sexual exploitation and forced, unpaid prostitution, unable to escape. Photographer Rory Carnegie, said: “What I really wanted for this image, was to depict how women are used as commodities, the complete control slavery has over them – the helplessness of having to sit and wait for man after man, until no more men arrive. I wanted the image to show how lonely and eventually numbing that experience is, and for that ugliness to be contrasted against the bright blue of the wig – a fancy dress item that we would usually associate with a fun event – but here is used as a disguise, perhaps of her own identity to herself - to further emphasise how unjust the situation is.”

NCA

Modern Slavery in the UK

Cannabis farming

The cannabis industry hides a dark secret in the house next door. Gangs bring young boys to the UK from countries like Vietnam and deliver them to a house where, once in, they won’t be able to leave. Forced to tend cannabis plants that fill specially rigged houses, the boys are often locked in and forced to work, sleep and eat in one confined and dirty room. The chemicals used on the cannabis are poisonous, and often victims don’t know where they are or how to get help if they do escape. The eyes, ears and compassion of the local community are essential. Spot the signs: Aside from the strong and prolonged smell of cannabis, have you noticed a house that looks unusual? Are the windows covered or usual entry points blocked? Buildings might be over-heated – in very cold weather is the roof without frost, because the house is being kept warm to grow plants

National Crime Agency

Modern Slavery in the UK

Agriculture

Some workers in the farming sector, harvesting grains or root vegetables, tending livestock or fruit picking, are being exploited every day in the UK. Victims of this crime in the agricultural sector are often Eastern European men and women, who were promised a job by traffickers, or they could be individuals on the fringes of society, homeless or destitute. Through threats, violence, coercion or forced drug and alcohol dependency, they’re enslaved, working for little or no money, living in squalid conditions having had their identity documents taken from them. Spot the signs of exploitative labour in agriculture: Agricultural slaves often have their wages paid into the same bank account, meaning an illegal gangmaster is likely collecting all their wages. Exploited agriculture workers often don’t have suitable protective equipment, working instead in cheap sports clothing and trainers, and don’t have a different change of clothes from day-to-day

National Crime Agency

Modern Slavery in the UK

Forced prostitution

Spot the signs of forced prostitution: Victims of this type of crime might appear withdrawn or scared, avoid eye contact, and be untrusting. Poor English language skills could indicate exploitation because it suggests someone else must be arranging the work. A brothel is likely to be an average house on a normal looking street, but may have curtains which are usually closed and many different men coming and going frequently.

National Crime Agency

Modern Slavery in the UK

Maritime

Spot the signs of exploitative labour in the maritime sector: Victims might appear withdrawn or frightened, often unable to answer questions directed at them or speak for themselves,. They might be afraid of authorities like police, immigration or the tax office, and may perceive themselves to be in debt to someone else. They may not have been given proper protective equipment so can suffer illness or injury. Photographer Rory Carnegie, said: “Throughout the series of images, I wanted to juxtapose the harshness of the lives of slaves against bright primary colours – colours we traditionally associate with happiness or a feeling of wellbeing – to provoke a reaction. The image, as rich as it is, communicates how completely uncomfortable this person is. I wanted to show how his body is not his own, and how he has no right to avoid hardship, avoid the ice, or wear better shoes, he is utterly controlled.”

Rory Carnegie/National Crime Agency

Modern Slavery in the UK

Food processing

Photographer Rory Carnegie, said: “This image communicates utter exhaustion and dejection. We can see how dire his situation is. He has no protective gear on, and we can see the extreme tiredness that leads him to a place of anxiety and distraction, where he doesn’t care about whether he’s operating machinery safely, or putting himself at risk.”

National Crime Agency

Modern Slavery in the UK

The exhibition comprises a series of large, freestanding cubes displaying images capturing snapshots of life within different types of modern slavery - in agriculture, construction, maritime, cannabis farming and food processing, child trafficking for sexual exploitation and forced prostitution. Each image comes with written commentary describing what the viewer is seeing, and information about signs which may indicate someone is a victim.

National Crime Agency

More than 3,000 people backed a petition to stop Mr Nguyen’s deportation, and Paul Sweeney, Labour MP for Glasgow North East, wrote to the Home Office to request deportation proceedings are paused to give Mr Nguyen a chance to meet with his solicitor.

The case prompted a renewed push for changes to legislation to ensure adequate support is provided to modern slavery victims, with ministers accused of “riding roughshod” over their needs.

At present, people who are officially recognised to have been trafficked through the National Referral Mechanism – the UK’s official framework for identifying victims of human trafficking – receive no long-term support or automatic immigration status in the UK.

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