In the crime of human trafficking, the victim, who will be exploited by a third person, is forced or mislead to move to a place different from his or her place of origin, which may be in a domestic level or an international level. In this last case, according to the international instruments in the field, the victims of the aforesaid crime may be subjects of protection by the receiving State through the figure of the refuge. As a result, our purposes with this research are, in first place, analyze the currently conception of the refuge figure, as well as, the location of the crime of human trafficking at the transnational level, and, in second place, we expect to examine the problematic around the migratory status of the victims of human trafficking that request the condition of refugee.