header-logo header-logo

Thousands left without eVisas

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

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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll