Published 7th June 2024

Court rules Home Secretary acting irrationally and in breach of children’s rights by failing to provide documents to thousands of migrants with lawful immigration status

In a judgment handed down on 7 June 2024, Mr Justice Cavanagh held that the Home Secretary’s failure to provide people on ‘3C leave’ with the means to prove their lawful immigration status is unlawful.

The court found that the Home Secretary was acting irrationally by failing to take the “straightforward step to avoid hardship for a substantial number of people” by issuing them with a digital document to prove their status, which they need to do in order to avoid hostile environment measures, designed to prevent those without documentation of status from working, renting, accessing healthcare, bank accounts and driving licences.  The Home Secretary had also breached his duty under section 55 of the Borders Citizenship, Immigration Act 2009 by failing to consider the impact of this approach on the children affected.

The claim was brought by the charity RAMFEL and their former client Ms Adjei, who was suspended from work without pay while she was on 3C leave. They were represented by Janet Farrell, Christina Bodenes and Erica San of Bhatt Murphy Solicitors instructing Stephanie Harrison KC of Garden Court Chambers and Shu Shin Luh of Doughty Street Chambers.

See our full press release here and judgment can be read here.

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