Trafficking Risks Faced By Asylumseeking Children In The UK

: Ensuring Their Safety Through The Postcolonial Theory Of Cultural Hybridity

Abstract

This thesis considers the susceptibility to trafficking of asylum-seeking children in the United Kingdom (UK). It is argued that the vulnerability of these children is compounded by deficiencies in the legal system and the protection mechanisms in place to prevent them being trafficked. Both doctrinal and socio-legal methods are adopted in the thesis. From a doctrinal perspective, this thesis critically evaluates and analyses domestic statutes, case law, and policy regulations that address the legal and policy frameworks for safeguarding asylum-seeking children in the UK against trafficking. Further, from a socio-legal perspective, secondary sources are evaluated to identify the inadequacies in the legal and procedural framework surrounding the trafficking of asylum-seeking children. In adopting the postcolonial theory of cultural hybridity as the theoretical framework underpinning this thesis, the cultural vulnerability of these children is discussed as a major socio-legal issue that increases the trafficking risk. It is argued that there are incompatibilities between the legal and societal aspects of the framework concerning safeguarding asylum-seeking children from trafficking in the UK. In
conducting comparative analysis with the Swedish legal and policy framework, regional best practices are also identified. Such practices are critically compared to international standards governing the protection of asylum-seeking children from trafficking.

While identifying procedural and substantival loopholes in the legal framework, the necessity of having a more robust protection mechanism is recognised. Accordingly, this thesis emphasises that there are drawbacks in the asylum-seeking process and potential trafficking risk identification process, which are being triggered by lacunas in the legal and policy frameworks. This highlights the lack of compliance with the concept of the best interests of children, which requires authorities to conduct child-friendly and child-centred interventions. This is enhanced by the cultural vulnerability faced by asylum-seeking children, which ultimately leads them to succumb to trafficking in the host country. Consequently, legal reforms are suggested to strengthen the procedural and substantive laws that protect asylum-seeking children. Most significantly, establishing a uniform monitoring mechanism in alignment with the postcolonial theory of cultural hybridity is recommended to minimise the impact of trafficking on these vulnerable children.

Date of Award	29 Jun 2026
Original language	English
Supervisor	Gemma Manning (Main Supervisor)