header-logo header-logo

Home Office liable for EU documentation delays

19 June 2015
Issue: 7657 / Categories: Legal News
printer mail-detail

The Home Office may have to pay compensation in future to anyone adversely affected by delays in issuing EU documentation confirming their right to reside in the UK, following a landmark test case.

In R (on the application of Hana Zewdu) v Secretary of State for the Home Office (Crown Office ref: C/6067/2013), Mr Justice Green last week found the Home Office unlawfully delayed reaching a decision on the claimant’s right of residence. The secretary of state conceded she was therefore liable to pay damages for loss of earnings as well as damages on an aggravated basis.

Non-European Economic Area (EEA) family members of EEA workers, the self-employed, students and the self-sufficient are entitled to a right of residence in the UK, under the Immigration (European Economic Area) Regulations. Once the Home Office receives an application, it is obliged to immediately provide a Certificate of Application, which gives the bearer the right to work in the UK. The Home Office is then required to make a decision on the application within six months.

The European Commission has previously raised concerns about the Home Office’s failure to comply with these time limits. However, the Home Office has previously relied on the case, AB v Home Office [2012] EWHC 226 (QB), to show that it has no obligation to pay compensation.

Trevor Hatton, senior solicitor at Duncan Lewis, who acted for the claimant, says Zewdu means the Home Office will no longer be able to rely on AB: “This case confirms once and for all that the secretary of state will be liable to pay damages to any applicant who has suffered loss as a direct result of a Home Office failure to provide EU documentation in a timely manner.”

Issue: 7657 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll