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

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
back-to-top-scroll