Home Office liable for EU documentation delays

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.”