SLF successes
Challenges and Interventions
Migrants’ Law Project, hosted by Islington Law Centre, received SLF funding in 2020 to carry out pre-litigation research and evidence-gathering in order to develop strategic litigation to enable young refugees and migrants in the UK to be reunited with young relatives in Greek camps. The Migrants’ Law Project represented Safe Passage International in a successful legal challenge to Home Office policy on deciding family reunion applications under the EU’s rules. The High Court found that the policies were unlawful and misstated the law in significant ways. For more information please see the Migrants’ Law Project website.
Child Poverty Action Group received SLF funding in 2019 for pre-litigation research into challenging HMRC’s refusal to accept claims for backdated child tax credits for newly recognised refugees. The High Court heard the case on 16 June 2021 and handed down judgment in favour of the claimant on 5 July 2021. Read the judgment here. HMRC have been granted permission to appeal to the Court of Appeal. The Outer House of the Court of Session handed down judgment on 15 June 2021 in a case concerning the same issue (2021 CSOH 63) and HMRC have indicated they are also appealing the Scottish court’s decision. For more information please see CPAG’s website.
The AIRE Centre received SLF funding for an Intervention in Bajratari v SSHD (Case 93/18). On 2 October 2019, the Court of Justice of the European Union delivered an important decision in Bajratari v SSHD (Case 93/18), clarifying the ‘sufficient resources’ condition of Article 7(1)(b) Directive 2004/38 whilst simultaneously reinforcing the right to free movement of Union citizens. For more information click here.
The Unity Project and Deighton Pierce Glynn Law received SLF funding for pre-litigation research into a challenge against the Home Office in the High Court and their no recourse to public funds (NRPF) policy. This challenge was successfully taken forward, for more information on the judgement click here.
Public Law Project was granted SLF funding for an Intervention into R (Bahadori & Rahimi) v SSHD – Following the case the Secretary of State for the Home Department (SSHD) amended the removals policy. For more information, click here
JCWI were granted SLF funding for pre litigation research in to a challenge of right to rent – which is part of the government’s ‘hostile environment’ policy and imposes a requirement to prove a right to rent. The challenge was successful and the right to rent was ruled incompatible with the Human Rights Act by the High Court. For more information, click here.
Coram CCLC received SLF funding for an Intervention in the case of SM (Algeria) v Entry Clearance Officer, UK Visa Section [2018] UKSC 9 which looked at international adoption. For more information on the outcome of the challenge click here
Bail for Immigration Detainees and Bhatt Murphy initially received SLF funding for an intervention but when that case was settled the funding was used for a witness statement for R (Oleh Humnyntskyi a.k.a. Oleh Maksymiak) v Secretary of State for the Home Department (2) Secretary of State for Justice – CO/307/2019. This case looked at the provision of support under paragraph 9, schedule 10 support of the Immigration Act 2016. For more information click here.
Child Poverty Action Group received SLF funding from pre litigation research into challenging the new regulations, SI 2019 No 872 which excluded some EU citizens who have limited leave to remain under the Appendix EU of the Immigration Rules from receiving benefits . For more information, click here.
Project 17 and Public Law Project received SLF funding for an Intervention in W&J v Secretary of State for the Home Department CO/3036/2019, a judicial review challenging the No Recourse to Public Funds (NRPF) scheme as it relates to the parents of British children granted leave to remain under the ten-year route to settlement. For more information click here.
JCWI received SLF funding to instruct Public Law Project to provide advice at the pre action stage of a challenge to the Covid related guidance issued by the president of the Upper Tribunal (Immigration and Asylum Chamber) telling judges that appeals should normally be decided on the papers rather than at remote hearings. For more information click here.
Changes through Policy Work
Commons law CLC received SLF funding for pre-litigation research into the implementation of s.162 of the Policing and Crime Act 2017, as amended by The Criminal Procedure (Amendment No. 4) Rules 2017. S.162 meant that from November 2017 defendants in England and Wales were required to provide the court with their nationality at the start of criminal proceedings. Failure to provide this information, or providing incomplete or inaccurate information, without a ‘reasonable excuse’ was punishable with up to 51 weeks imprisonment, a fine or both under s. 86A (3) of the Courts Act 2003. This information had to be provided to any Court, during any stage of the proceedings, regardless of whether immigration status had any bearing on the substantive offence or issues of bail. It is also retained regardless of whether the defendant was acquitted, or the proceedings discontinued. In May 2020 Commons Law CIC published their report The State of Innocence was key in abolishing this legal requirement. For more information watch this video