header-logo header-logo

12 June 2024
Issue: 8075 / Categories: Legal News , Immigration & asylum , Human rights
printer mail-detail

Thousands left without eVisas

The Home Secretary unlawfully failed to provide proof of status to thousands of people with extended leave to remain, causing hardship, the High Court has held in a landmark judgment

R (on the application of Refugee and Migrant Forum of Essex and London) and another v Secretary of State for the Home Department [2024] EWHC 1374 (Admin) concerned people on ‘3C’ leave—who have previously been granted leave to remain for a fixed period, have applied for an extension before the expiry of that period, but have not had their application determined before the period expired. Under s 3C of the Immigration Act 1971, leave to remain is extended on the same terms as before, pending the results of their application.

However, the Home Office did not provide an eVisa or other digital proof of this status, which led to people losing job offers, employment, rental accommodation and access to higher education.

The case echoes the problems encountered by people from the Windrush generation.

Delivering his judgment, Mr Justice Cavanagh said: ‘This matters, in particular, because there are a number of statutory provisions in the immigration field which form part of what was originally known as the “hostile environment” regime, and which is now referred to by the government as the “compliant environment” regime.

‘This is a term used to describe the combination of laws and processes that regulate access to work, benefits, and services in the UK.’

Cavanagh J held, additionally, the Home Secretary breached his duties under s 55 of the Borders, Citizenship and Immigration Act 2009 by failing to consider the impact on children affected by this policy.

Janet Farrell, partner at Bhatt Murphy, representing the claimants, said: ‘The Home Office left them vulnerable to the vagaries of the hostile environment, a system which, by design, is intended to make life as difficult as possible for those without proof of lawful status.’

MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
back-to-top-scroll