Victoria’s story
Victoria left her home in El Salvador fearing for her safety after being attacked in the street and receiving death threats on Facebook. She applied for asylum on the basis that she would be at serious risk of harm if she returned. She explained to the Home Office that the situation had arisen after she had split up from her partner who was a member of an important and influential political family.
The Home Office rejected Victoria’s account. They did not believe her story because she could not provide documentary evidence to support it. Victoria had explained in her interview that she had reported the incidents to the police in El Salvador but she was afraid to go back to ask for confirmation – they had not helped her and she feared that they would tell the very people she was afraid of. She did not want to put her family at risk.
Victoria needed time to process the refusal:
“It was very hard, I found myself alone because my lawyer left me but when I saw that the Home Office had made a lot of mistakes it gave me hope.”
Without a lawyer, Victoria tried to prepare the documents for her appeal herself and, with help from a charity in Middlesbrough, where she was living at the time, she submitted her appeal. She knew she didn’t have the right words in English or understand the legal procedures and knew to do this properly she would need representation.
After moving to Leeds, she tried many times to find a lawyer under legal aid but no-one would take on her case. She was supported by a charity called PAFRAS to get in touch with Manuel Bravo Project where her lawyer Jack Dingley agreed to represent her.
“He explained how everything worked. I was so happy – it was a huge relief… I felt like he listened to me and understood my case.”
The only issue in the appeal was Victoria’s credibility. She spent many hours with Jack and an interpreter preparing a new detailed witness statement, gathering background evidence that showed that her fears of violence and corruption were well founded, and seeking out supporting documents from the hospital where she had been treated after the attack on her.
During the meetings with Jack, Victoria discussed with him whether to include some information she not previously felt confident to disclose to the Home Office, she had seen a text message which indicated that her ex-partner was involved in drug dealing, which meant connections to the gangs that plague El Salvador. She had not mentioned it in her Home Office interview because she was afraid of the consequences for her family. At the same time, it was powerful supporting evidence that Victoria would be at risk of harm if she returned. After talking though the issues with Jack, she decided to include it in her statement.
At the appeal hearing, Victoria was nervous and scared.
“I knew I had to stay calm and focused. I was able to answer all the questions.”
In his decision, the Judge accepted that Victoria’s story was true in all respects. Her appeal was allowed and she was granted refugee status. Victoria was “very happy” with the outcome but she knew the Home Office could appeal. It was not until she heard that the Home Office had accepted the decision that she fully accepted it. Victoria explains she was “totally relieved”.
*Name changed for confidentiality reasons
Drafted by Case study volunteer, David Honeybone
Call for help
There are countless people like Victoria stuck in limbo as a result of the UK’s hostile environment, donate now to support Manuel Bravo Project and help address this crisis.
