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The NRPF regime violates Article 3 ECHR and is illegal Uk Immigration

R (W, a child of his trial friend J) against the Secretary of State for the Home Office and anor [2020] EWHC 1299 (Admin) (May 21, 2020)

The condition “no recourse to public funds” or “NRPF” means that the subjects are not eligible for almost all services from public funds, including those that are intended to maintain the basic well-being of children. This judicial review was successful on the grounds that the NRPF regime fails to ensure that imposing the NRPF condition does not result in inhumane treatment that contradicts this Article 3 of ECHR and therefore contradicts Section 6 of Human Rights Act 1998 as outlined by the House of Lords in Limbuela [2006] 1 AC 396. According to the High Court, the NRPF regime consists of Paragraph GEN 1.11A and the sooner Appendix FM 1.0 Family life (as a partner or parent) and private life: 10-year route lessons collectively read, the Minister of the Interior’s duty not to impose or waive the state of the NRPF in cases where the applicant is not yet, but will immediately forego inhumane or degrading treatment without recourse to the public, is not adequately recognized, reflected or enacted means. Applicant “W” was born in August 2011 and was British. He made his application through his litigation friend, his mother “J”, a Ghanaian who had entered the UK in 2009 and was given permission to stay in the UK, subject to his parent on the 10-year journey to settle in 2013 for 30 months of the NRPF Condition.

Since 2013, J had been given permission to remain on condition of an NRPF in various ways. She worked as a caregiver for the mentally handicapped, but the disease’s imposition made her and W endure times of poverty. They even became homeless once and were then housed by a local authority. They also moved repeatedly and W had to change schools five times before he was eight years old. Given that Applicant W was successful on the grounds of Article 3, it became unnecessary for the court to determine the challenge for the remaining five reasons, including those alleging breaches of public sector gender equality Section 149 of Gender Equality Act 2010 and the duty of common law to take all relevant considerations and legal obligations into account Section 55 of Border, Citizenship and Immigration Act 2009. Especially, Section 3 of Immigration Act 1971 is considering an NRPF condition and a person subject to this condition is a “person subject to immigration control” Section 115 (9) of Immigration and Asylum Act 1999 and is excluded from eligibility for universal loans, income-dependent jobseeker allowance, state pension allowance, employment and support allowance, personal independence payment, attendance allowance, allowance for heavy attendance allowance, care allowance, housing allowance for the disabled, social fund payment, pregnancy health allowance and child benefit: as described in Section 115 paras. 1 and 3 of the 1999 Act.

background

These benefits include almost all benefits that someone in J’s position might otherwise be entitled to, including those aimed at ensuring the basic welfare of dependent children. Individuals who are excluded from these posts are generally excluded from receiving other types of support that are only available to those who receive means tested benefits. Individuals who are subject to the NRPF requirement are not excluded from support at Section 17 of Children’s Act 1989 However, this support is only available to those with dependent children.

However, families who make the application face difficulties that have been declared to the court by Project 17 who intervened in W.’s case. The court did not need to address this issue as the Home Secretary did not attempt to defend the claim by referring to the availability of Section 17 assistance. Official policies and practices on when and how to impose and remove the NRPF requirement are set out in the immigration regulations and instructions. The rules must be submitted to Parliament in accordance with Section 3 (2) of the 1971 Law and include explanations of the executive’s administrative practices. They are not strict legal rules like those in Lord Reed Hesham Ali [2016] 1 WLR 4799. The instructions are given to the officials by the executive in accordance with Annex 2, paragraph 1 (3) of the 1971 Act and may not be inconsistent with the rules, but need not be presented to the Parliament. As seen in … Alvi [2012] 1 WLR 2208The result of the legal system is that everything “in the manner of a rule regarding the practice to be followed” is in the Immigration rules. Instructions were given in Munir [2012] 1 WLR 2192 on how to decipher when a policy that regulates the exercise of discretion outside the rules is “in the nature of a rule” and must therefore be presented to Parliament.

For the most part, NRPF, which was introduced on July 9, 2012, was reportedly part of a “reform package … aimed at reducing the burden on taxpayers, promoting integration and combating abuse”, which “with the position.” elsewhere in the immigration regulations that the migration to the UK should normally be self-sufficient. “In addition, the criteria for deciding whether to impose or remove the NRPF requirement have been formally incorporated into the Immigration Regulations by amending Annex FM, which provides a number of bases on which a person can be granted a residence permit a possible arrangement under this arrangement to enable a relationship with a family member who is a British citizen who is a resident of the United Kingdom, or a refugee or person who is entitled to humanitarian protection. Separate provisions determine applications for entry or permission to remain as a partner (D-ECP and D-LTRP), child (D-ECC and D-LTRC) and parent (D-ECPT and D-LTRPT) of such person.

Pursuant to paragraph 1.11A of GEN, entry or residence permits are normally granted on condition that no public funds are used unless the applicant has provided the decision maker with the following exception: (a) satisfactory evidence that the applicant is penniless as defined in Section 95 of the 1999 Law or exception (b) satisfactory evidence that there are particularly compelling reasons for the well-being of a child of a parent who receives a very low income.

Immigration regulations for those applying as partners and parents state that the entry permit or residence permit, if granted, is subject to a condition of the NRPF, unless the decision-maker considers, with reference to paragraph GEN 1.11A, that the applicant should not do so is subject to such a condition. The rules for those who apply as children provide that the child is subject to the same conditions as the parents. The wording of the Appendix FM 1.0 Family life (as a partner or parent) and private life: 10-year route lessons In the December 2019 version and the 2015 and 2018 versions, this was different in two respects, ie (i) the case workers were no longer informed when the NRPF condition was “not imposed” and was replaced by the previous mandatory language advised case workers when to do so “may exercise discretion” in order not to impose or waive the NRPF condition, and (ii) the first bullet point went beyond exception (a) in GEN 1.11A, stating that the discretion can be exercised if the applicant does so is penniless or “would be made penniless” although there is no indication of what is meant by the latter.

The text under the heading “Make a decision about the condition code” informed the case workers that they should not impose or waive the NRPF condition code if the applicant is “penniless”, but remained silent about the cases where the applicant immediately became penniless . In addition, the text under the heading “Later stay to stay applications” continued to instruct case workers that subsequent applications must be granted leave under the condition of an NRPF unless the applicant provides evidence you are penniless or that one of the other two limbs applies (again nothing about the case in which the applicant immediately becomes penniless). GEN 1.11A refers to the definition of “destitute” in Section 95 of the 1999 Act, and Section 95 (1) has no direct application to those who have been granted permission to remain on the 10-year billing route.

Judicial review procedures that were compromised after the license was granted and alleged that the decision to formulate and maintain the NRPF policy violated Section 149 of the Equality Act 2010 led to a review in 2019 and a statement on policy equality. While the reason given by the court’s decision on the main point of Article 3 no longer applies, it was nonetheless undisputed that the review in 2019 only concerned the process and not the substantive criteria for deciding whether to impose or remove an NRPF condition related The Home Office admitted in its basic argument that this was true Limbuelathe regime would be unlawful if applicants had to become destitute before the NRPF condition was lifted.

Legal principles

JCWI 1 [1997] 1 WLR 275 Regulations affected which claim to exclude asylum seekers who have made late claims from the right to social security benefits. Simon Brown LJ (with whom Waite LJ agreed) considered that the rules nullified asylum seekers’ right to appeal, and the court recalled that this was the case two centuries ago Reg against residents of Eastbourne (1803) 3 East 103, 107, Lord Ellenborough said that “the law of humanity that precedes all positive laws” forced the United Kingdom to provide relief to poor foreigners “to save them from starvation”. Simon Brown LJ did not simply apply the principle that subordinate laws are invalid if they violate any law (including any law other than his enabling law). in the Ex parte M. (1998) 30 HLR 10Lord Woolf MR analyzed JCWI 1 and concluded that the court considered that it would be so draconian to deprive asylum seekers of destitution in order to leave them before declaring their claims that the relevant provisions would necessarily be considered ultra vires, since only primary law provides for them Could achieve result. He saw the result in JCWI 1 as an example of what later became known as the “principle of legality”. in the Ex parte Simms [2000] 2 AC 115Lord Hoffmann said that the principle means that “fundamental rights cannot be overridden by general or ambiguous words” and the courts will not derive anything else unless “there is no explicit language or the opposite implication is necessary”.

After the introduction of the Human Rights Act of 1998 in Limbuela The House of Lords stated that the fact that someone is “poor” as the term is defined for the purposes of Section 95 of the 1999 Act does not necessarily mean that he / she will endure treatment contrary to Article 3 and the severity threshold must be achieved to result in a violation of Article 3 that is greater than that required to determine poverty as defined in Section 95 (3). In addition, Section 6 of the 1998 Law obliges not only to act when someone is permanent treatment in contrast to Article 3, but also if there is an “immediate prospect” of it. In the latter case, the law is required to act prospectively to avoid the violation. How to read the immigration rules and instructions was worked out by the House of Lords in Mahad [2010] 1 WLR 48 and the latter are given according to Annex 2 paragraph 1 point 3 under the 1971 Act, which requires civil servants to perform their duties under the Act in accordance with these instructions – not inconsistent with immigration regulations – as can be given.

Submissions

W argued that given the clear concession in the government’s skeletal argument, if the regime required an applicant to be penniless before the NRPF condition could be lifted, this would be ultra vires and incompatible with Article 3 Limbuela. Relying on the reasoning in Mahad It was argued that paragraph GEN 1.11A of the FM appendix should not be interpreted as a law, but according to the natural and ordinary meaning of the words used. Paragraph GEN 1.11A thus interpreted means that a decision not to impose or waive the condition of the NRPF can only be made if exception (a) or exception (b) applies and the former at first glance requires that the applicant the time of application is penniless.

The word “normal” indicates the standard position at which the condition is imposed by NRPF. Exceptions (a) and (b) exhaustively define the circumstances under which a deviation from the “normal” or standard position is permitted. Therefore, the regime is only based on the ultra vires concession and is incompatible with Article 3. Furthermore, the instruction could not contribute to the interpretation due to the reasoning in paragraph 1.11A Mahad. In any case, the obligations under Article 3 are not adequately taken into account, since the clerks are advised that they can, at their discretion, lift the condition of the NRPF in the event of impending poverty Limbuela made it clear that in such a case there is an obligation to take proactive measures to prevent poverty from occurring. Although it was a way to read immigration regulations, it would not lead to a transparent presentation of the law, which is required by the ECHR and customary law regarding provisions for the protection of fundamental rights in accordance with EU regulations Lumba [2012] 1 AC 245.

On the other hand, the government argued that relying on the “Law of Humanity” was meaningless Eastbourne residents concerned a legal loophole and there was no such problem in the present case since Section 3 of the 1971 Law enabled the NRPF condition. The immigration rules set out the categories of cases to which they apply, do not and possibly apply, and the instruction gave case workers practical guidance on how to apply these rules to the cases ahead, so that the NRPF condition strikes a fair balance between them inflexible prescribing and being arbitrarily open. Furthermore, the claim that the NRPF regime was not sufficiently precautionary was contradicted on the condition that the relevant test – as recently formulated in JCWI 2 [2020] EWCA Civ 542 (discussed here) – was whether the system was able to function lawfully and the regime passed this test. It has been argued that immigration rules and instructions could and should be compatible with Article 3, with the interpretation obligation applied in Section 3 of the 1998 Law.

The Divisional Court

In the course of their judgment, Bean LJ and Chamberlain J first examined the tests to challenge the immigration rules and instructions, and then examined the legal obligations of the Home Secretary, paragraph GEN 1.11A and the instruction, and whether the shortcomings could be caused by changes alone of the instruction.

The court spoke JCWI 2 about the controversial right to rent checks. in the JCWI 2 It was found that in a situation where legislation was directly challenged and not applied on a case-by-case basis, the challenge could only be remedied if it could be demonstrated that the legislative system was “unable to do so, in all or in an appropriate manner to be operated almost all cases ”and Hickinbottom LJ said that due to the fact that in most individual cases the right to rent can“ be operated clearly in a reasonable manner – in fact it seems to me able to to be operated by landlords all Individual cases – in my opinion, this is a complete answer to the claim. “This proposal was drawn from the decisions in Christian Institute v Lord Advocate [2016] UKSC 51 and Bibi [2015] UKSC 68 and in the latter judgment, given in the context of contesting a provision in the immigration provisions (in relation to) Lady Hale said the complainants had “undertaken a difficult task” because it had been easier in individual cases to prove the incompatibility with the rights of the convention, but “it was much more difficult to show that the rule itself is inevitably illegal, be it under the Human Rights Act of 1998 or under general law. “Lady Hale said that there would not be an unjustified interference with the rights of Article 8 in all cases, and she said that” the real problem is not so much the rule itself, but in the instructions at hand “. Lord Hodge (with whom Lord Hughes agreed) believed that the government should consider changing the guidelines. Lord Neuberger also invited proposals, as the guidelines had not been challenged in the case.

Two proposals resulted from the above (i) in contesting legislation (including immigration provisions, which are treated as subordinate legislation in the 1998 law). The challenger must demonstrate that the legislation is as detailed in JCWI 2, “Cannot operate proportionally in all or almost all cases” and (ii) below Bibi The rigorous test for legislative challenge does not apply if the challenge concerns the guidance and the question is whether there is a “significant number of cases” where the application of the guidance violates the rights of the Convention (or some other) carries other rule of law). The test is broadly in line with the test used, including in connection with a challenge to guide caseworkers in the area of ​​immigration BF (Eritrea) [2019] EWCA Civ 872. With this in mind, Bean LJ and Chamberlain J believed that:

58. In the specific context of the challenges to the guidance, a test is carried out, such as that in Bibi (does the guidance lead to illegal results in “a significant number of cases”?) And in BF (is there a real risk that the guidance will lead to this) ) is an illegal result carried out in more than a minimum number of cases?) seems to be compatible with the principle. Instructions of the type considered here are aimed at clerks. One of his main tasks is to help them make legal decisions. It is clear that the court can and should intervene if the guidelines are misleading with regard to the law or “lead” or “allow” or “encourage” illegal acts.

W’s challenge concerned the regime, which included Annex FM paragraph GEN 1.11A and the instruction, and proper approach to the challenge required that the High Court raise two key questions: (i) abandon the NRPF regime as a whole a real risk of illegal results in a “significant” or “more than minimal number” of cases? and (ii) if so, can this risk be remedied simply by changing the instruction? The government’s legal obligations included the analysis of three undisputed legal proposals, ie (i) there are cases where the decision maker is not only entitled but also legally obliged not to impose or remove an NRPF condition. (ii) This includes cases in which the applicant suffers from inhumane and degrading treatment due to a lack of resources, and (iii) these cases also include cases in which the applicant has not yet suffered but will directly suffer from such abuse without recourse public funds. These proposals were related to the concession in the government’s basic argument that based on the decision in LimbuelaParagraph GEN 1.11A would be illegal if applicants had to become destitute before they could request that the NRPF condition not be imposed or waived. Bean LJ and Chamberlain J said this:

61. Although the Foreign Minister’s concession was made on the basis of the reasoning in Limbuela, which itself was based on the obligation under Article 3 of the ECHR, in our judgment the proposals were made under [60] What was said above would also follow without Article 3 even under common law. Section 3 (1) (c) (ii) of the 1971 Act specifically authorizes the Secretary of State to impose an NRPF condition. But there is no obligation to do so, and it is silent when the condition was imposed and when it should be lifted.

In the light of the decision in JCWI 1, Eastbourne residents, Ex parte M. and Ex parte Simms It was the view of their lordships that:

61. … clear words in primary legislation would be required to authorize the imposition or maintenance of a condition of NRPF if the effect (as Lord Bingham put it in Limbuela) “through the deliberate action of the state, [to deny] Accommodation, food or the basic needs of life ”. There are no such clear words. In the absence of them, we would keep it. 3 (1) (c) (ii) of the 1971 Act does not allow the imposition or maintenance of an NRPF condition if the applicant suffers from inhuman and degrading treatment due to lack of resources, or will suffer public funds without recourse to such treatment.

Nowhere in GEN 1.11A or in the instruction were clerks informed that they were obliged not to impose or waive the NRPF requirement if an applicant was using public funds or was immediately receiving inhuman / degrading treatment. The government argued that this could be inferred from the structure of paragraph GEN 1.11A, but was not found in the instruction. It has been said that case workers could conclude that if exceptions (a) or (b) apply, the condition of the NRPF should not be imposed or maintained. The exception (a) in paragraph GEN 1.11A only applies if the applicant is “penniless”. However, the statement clarifies that the discretion can be exercised even if an applicant were “penniless”. The deciding factor for the explanations was that paragraph GEN 1.11A or the instruction must not be read like statutes and that a reasonable reading in accordance with the natural and ordinary meaning of the words used was emphasized, whereby it was recognized that these were statements the executive acts administrative policy.

When read together in this manner, the government claimed that these tools would convey to case workers that they were obliged not to impose or waive the state of the NRPF, both when the applicant receives inhumane or degrading treatment resources due to lack of treatment, and where he is or it will do so immediately without access to public funds. The submission was rejected and Bean LJ and Chamberlain J noted:

63. This argument does not convince us. The first step – aimed at formulating an obligation from the language of paragraph 1.11A – is flawed due to the basic propositional logic. “X will happen if Y is not done” does not mean that “if Y is done, X will not happen”. We have not overlooked the fact that immigration regulations are reasonable to read according to the natural and ordinary meaning of the words used, but we still do not believe that paragraph GEN 1.11A indicates that case workers are required to do anything. The obvious words that mean the existence of a duty – “will”, “should”, “must”, “should” – are missing.

Even if paragraph GEN 1.11A was read as an obligation not to impose or waive the NRPF condition in cases where exception (a) or (b) applies, the case will inevitably remain unanswered if the applicant does not yet suffer. but will suffer immediately, inhuman or degrading treatment. The rule was silent in this regard, and the (then) updated version of the instruction used the words “or would be made penniless” and failed to meet any duty to act in any situation. In fact, the language used in the instruction was a matter of discretion and advised the clerks that, in the event of one or more of the exceptions, the decision whether to impose or remove the condition of the NRPF should be taken into account in the performance of their duties, as indicated by the Words “You can exercise discretion”. While it was the case that the language used (in terms of make a decision about the condition code) had been formulated in accordance with the exceptions in the language of duty, it was also true that the first exception justified that “the applicant is penniless ”and said nothing when the applicant immediately became penniless. And alternative text to help you decide subsequent permission to remain applications nevertheless instructed the decision maker to grant the residence permit (using the word “must”), unless the applicant provides further evidence you are penniless or that one of the other two links applies.

Bean LJ and Chamberlain J recognized that they had “Paragraph GEN 1.11A of Appendix FM and the instruction underwent a detailed logical and linguistic analysis”. But they also made it clear that they wanted to recognize the “ordinary and natural” meaning of the text by “carefully reading the language used”. Withdrawing and reading paragraph GEN 1.11A and the instruction together made no difference and noted that:

66. … we find it impossible to identify the message that the Foreign Minister is legally obliged not to impose or waive the NRPF condition if the applicant does not yet suffer but will suffer inhumanely and degrading treatment without resorting to public funds. On the contrary, it seems to us that the message conveyed is that the decision-maker in this case category decides at his own discretion whether to impose or remove the condition. In our view, this can critically mislead case workers. In a significant and certainly more than minimal number of cases there is a real risk of unlawful decisions.

The court found that the lawyer from W, from the Unity project and on behalf of Project 17 and the response from the Home Office that the shortcomings identified by the court in paragraph GEN 1.11A and the instruction were “purely technical shortcomings that are meaningless in the real world”. While efforts have been made to improve the quality of divergent decisions that have resulted in a comprehensive decision-making system, paragraph GEN 1.11A and the instruction failed to at least clearly and accurately identify the circumstances under which the law requires the condition of NRPF not be imposed or waived.

Next, Bean LJ and Chamberlain J analyzed whether it was possible to fix the shortcomings by just making changes to the instruction. It was argued that attacking the instruction was one thing, but there was no basis for contesting paragraph GEN 1.11A, but the government admitted that many applicants with Article 3 rights will not have dependent children and exception ( b) could never apply to them.

The substitute position was to rely on the word “normal”, which showed that GEN 1.11A did not preclude a decision not to impose or waive the condition of the NRPF even in a case where neither exception was true. Das Gericht fand es sinnlos, über dieses Thema zu debattieren, da beide Parteien sich einig waren, dass es unter Anwendung der Auslegungspflicht in Abschnitt 3 des Gesetzes von 1998 auf diese Weise gelesen werden konnte. Das Ergebnis war, dass es nicht wirklich möglich war zu sagen, dass GEN 1.11A von Anhang FM nicht in allen oder fast allen Fällen rechtmäßig betrieben werden kann und folglich der Test in Bibi and JCWI 2 um eine erfolgreiche Anfechtung der Gesetzgebung zu erreichen, wurde nicht erfüllt. Die Analyse endete jedoch nicht, da die Regierung darauf bestand, dass GEN 1.11A und die Anweisung als zusammenhängendes Regime zusammen gelesen werden sollten. Der vom Gericht festgestellte Fehler spiegelte ein Versäumnis des gesamten Regimes wider, die gesetzliche Verpflichtung zu ermitteln, den Zustand der NRPF in einer Situation, in der ein Antragsteller noch nicht leidet, aber unmittelbar leiden wird, unmenschlich und unmittelbar zu erzwingen, nicht zu ermitteln oder aufzuheben erniedrigende Behandlung. In der Tat hatte die Regierung es vernünftigerweise vermieden, sich direkt auf „unmenschliche oder erniedrigende Behandlung“ zu beziehen, und stattdessen das in Abschnitt 95 des Gesetzes von 1999 definierte Konzept der Armut verwendet, da es schwierig war, den Punkt zu bestimmen, an dem die Behandlung die Schwelle nach Artikel 3 überschreitet. In ähnlicher Weise war es schwierig, den Punkt zu identifizieren, an dem eine unmenschliche oder erniedrigende Behandlung „unmittelbar bevorsteht“, und das Gericht schlug vor:

71.… Eine Möglichkeit, dieses Konzept in etwas Sichereres und Verwaltbareres für Fallbearbeiter zu übersetzen, besteht darin, auf den in s verwendeten Ausdruck „wahrscheinlich mittellos“ zu verweisen. 95 des Gesetzes von 1999 und die nach diesem Gesetz vorgeschriebenen Fristen. Aber das wäre zumindest wohl eine Anleitung “in der Natur einer Regel”, die (unter Anwendung der Tests des Obersten Gerichtshofs in Alvi und Munir) dem Parlament vorgelegt werden müsste.

72. Es gibt jedoch auch andere Möglichkeiten, wie die im NRPF-Regime festgestellten Mängel behoben werden können, und es ist Sache des Außenministers, zu entscheiden, wie sie behoben werden sollen.

In Bezug auf die zu gewährende Erleichterung bevorzugte das Gericht den Entwurf der Regierung, da er enger an dem Urteil des Gerichts ausgerichtet war. Das Gericht gab daher eine Erklärung ab, in der die Absätze GEN.1.11A und D-LTRPT.1.2 des Anhangs FM sowie der Abschnitt „Rückgriff auf öffentliche Mittel“ im Leitfaden zusammen gelesen wurden Familienpolitik: Familienleben (als Partner oder Elternteil), Privatleben und außergewöhnliche Umstände (Version 6.0) waren insofern rechtswidrig, als sie die Verpflichtung der Regierung gemäß Artikel 3 und Abschnitt 6 des Gesetzes von 1998 und nach allgemeinem Recht, das Gesetz nicht aufzuerlegen oder aufzuheben, nicht angemessen widerspiegelten oder in Kraft setzten Bedingung, dass kein Rückgriff auf öffentliche Mittel in Fällen erfolgt, in denen der Antragsteller noch nicht mittellos ist, aber unmittelbar eine unmenschliche oder erniedrigende Behandlung ohne Rückgriff auf öffentliche Mittel erleiden wird.

Das Gericht erteilte außerdem eine verbindliche Anordnung, dass das Innenministerium innerhalb von 7 Tagen nach seiner Anordnung eine Anweisung an die Fallbearbeiter veröffentlicht, dass für Antragsteller, die einen Antrag auf oder mit einem Verbleib gemäß Anhang FM Absatz D-LRTPT.1.2 stellen, der Fallbearbeiter unterstellt ist eine Pflicht, eine Bedingung des Nichtrückgriffs auf öffentliche Mittel entweder nicht aufzuerlegen oder gegebenenfalls aufzuheben, wenn sie nach den ihr vorliegenden Beweisen der Ansicht ist, dass die Beschwerdeführerin ohne Rückgriff auf öffentliche Mittel einem unmittelbaren Elendrisiko ausgesetzt ist.

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Dies war in mehrfacher Hinsicht ein großer Verlust für die Regierung, und das Gericht ordnete an, dass der Innenminister Kosten in Höhe von 50.000 GBP als Zwischenzahlung auf Rechnung zu zahlen hat, wobei der Rest auf Standardbasis zu bewerten ist wenn nicht vereinbart. Es war teuer, diese Verfahren zu verteidigen, aber das macht für das Innenministerium wahrscheinlich keinen Unterschied, da sie anscheinend einen Geldbaum haben, um solche Verfahren zu verteidigen, und die Tendenz haben, öffentliche Gelder in den Abfluss zu werfen, wenn es um ihre sinnlosen Forderungen geht, die ihre Fallbearbeiter stellen in der Regel auf jeden Fall nicht bemerkt.

Overall the mandatory order for the Home Office to publish an Instruction to caseworkers has resulted in guidance being updated which explains that paragraph GEN.1.11A is the basis in the Immigration Rules for exceptions to the wider policy on migrants not having recourse to public funds. The updated guidance (version 7.0) states on page 87 that “in all cases where an applicant has been granted leave, or is seeking leave, under the family or private life routes the NRPF condition must be lifted or not imposed if an applicant is destitute or is at risk of imminent destitution without recourse to public funds.” The new guidance explains further on page 92 that “it is good practice to check before concluding consideration of an application where a specific request has been made for access to public funds that the risk of imminent destitution has been properly addressed.”

Everyone with leave to remain where NRPF is imposed has no access to benefits that were denied to W’s mother J. Stephen Timms MP asked Boris Johnson about this problem but the prime minister seems to have been taken totally off guard by the point during the Commons Liaison Committee session on 27 May 2020. This shows that the prime minister is totally out of touch with ground realties and has no clue exactly how cruel the hostile environment is for foreigners in the UK who he credits with saving his life from COVID-19. Ultimately it is difficult to disagree with Satbir Singh of JCWI who reminded the prime minister that he voted for these laws has further advised him to change them and provide relief to the suffering families and the 100,000 children who are caught in a trap and are threatened by destitution. The fact that J was a carer and was made to endure periods of destitution with her British son W really shows us all what the Conservative government stands for and there is no escape from the fact that it does not care for the people who risk their lives to care for us as a country.

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