Home > News > The Divisional Court today allowed a challenge to the rules regarding the imposition on leave of conditions allowing No Recourse to Public Funds on grounds that the scheme infringes the article 3 rights of those affected

Bean LJ giving brief reasons for the decision this morning said:

“We have decided that the Claimant succeeds on Ground 6 and that argument on the other grounds will therefore not be required. That is, in brief, because the regime comprising the relevant Immigration Rules, in particular GEN 1.11A of Appendix FM, and the instructions to caseworkers, as presently formulated, does  not adequately give effect to the obligations which the Secretary of State accepts are imposed on her by Article 3 of the European Convention on Human Rights, as interpreted by long-standing case law of the UK courts. Our decision will not affect the ability of the Secretary of State to continue to make grants of leave to remain in the United Kingdom subject to a condition of “no recourse to public funds” in the normal run of cases. It will, however, require aspects of the regime to be amended to make clear to caseworkers the circumstances in which they are obliged not to impose a condition of “no recourse to public funds”, or to lift such a condition if it has already been imposed, in the case of a person who is not currently destitute but will imminently become so without access to public funds.

We have not made any order today and will not do so until we have prepared and sent out in draft the detailed reasons for our decision. We will at that point invite submissions in writing, and if necessary hold a further hearing, to discuss the precise terms of the order.”

Alex Goodman acted as sole counsel for the Claimant.

Further details are available in The Guardian here and here.

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