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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll