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High Court rules against government on no recourse to public funds
Credit: Anuj Biyani on Flickr

High Court rules against government on no recourse to public funds

The High Court has ruled that the government must make it easier for migrants to access the welfare system if they are about to become destitute. In an oral ruling delivered this morning, Lord Justice Bean and Mr Justice Chamberlain found that Home Office policy on no recourse to public funds is in breach of Article 3 of the European Convention on Human Rights.

Deighton Pierce Glynn, representing the family who took the case, say that “a detailed judgment and order will follow, which will set out the steps the Home Office needs to take to comply with the judges’ ruling”.

Amanda Weston QC, acting for the charity Project 17 (which intervened in support of the family), says that the case concerns the default no recourse condition imposed on migrants on a ten-year route to settlement. According to the oral judgment, caseworkers will in future have to lift the condition when the person “is not currently destitute but will imminently become so without access to public funds”. The court made clear that the Home Office will still be able to impose the no resource condition “in the normal run of cases”.

The no recourse to public funds issue has become particularly pressing during the coronavirus pandemic, which has seen many migrants thrown out of work and unable to get benefits. But the judges said they were not ordering any immediate change to Home Office policy. The court will decide on the exact terms of the order at a later date.

CJ McKinney

CJ is Free Movement's deputy editor. He's here to make sure that the website is on top of everything that happens in the world of immigration law, whether by writing articles, commissioning them out or considering submissions. When not writing about immigration law, CJ covers wider legal affairs at the website Legal Cheek and on Twitter: follow him @mckinneytweets.

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