R (Joint Council for the Welfare of Immigrants) v Secretary of State for the Home Department, 2019
| Country of Decision: | United Kingdom |
| Country of applicant: | United Kingdom |
| Court name: | High Court of Justice Queen’s Bench Division Administrative Court |
| Date of decision: | 01-03-2019 |
| Citation: | R (Joint Council for the Welfare of Immigrants) v Secretary of State for the Home Department, 2019 EWHC 452 (Admin) |
Keywords:
| Keywords |
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Effective access to procedures
Description
Effective access to legal and administrative procedures undertaken by UNHCR and/or States in accordance with the Asylum Procedures Directive to determine whether an individual should be recognized as a refugee in accordance with national and international law. |
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Discrimination
Description
Any distinction, exclusion, restriction or preference which is based on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, and which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise by all persons, on an equal footing, of all rights and freedoms. |
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Integration measures
Description
Member Statemeasures intended to further the integration of immigrants into their host communities. Per Art. 7(2) FRD Member States may require third country nationals to comply with integration measures, in accordance with national law. |
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Material reception conditions
Description
“Reception conditions that include housing, food and clothing, provided in kind, or as financial allowances or in vouchers, and a daily expenses allowance.” |
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Residence document
Description
“any authorisation issued by the authorities of a Member State authorising a third-country national to stay in its territory, including the documents substantiating the authorisation to remain in the territory under temporary protection arrangements or until the circumstances preventing a removal order from being carried out no longer apply, with the exception of visas and residence authorisations issued during the period required to determine the responsible Member State as established in this Regulation or during examination of an application for asylum or an application for a residence permit” |
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Visa
Description
"The authorisation or decision of a Member State required for transit or entry for an intended stay in that Member State or in several Member States. The nature of the visa shall be determined in accordance with the following definitions: (i) ‘long-stay visa’ means the authorisation or decision of a Member State required for entry for an intended stay in that Member State of more than three months; (ii) ‘short-stay visa’ means the authorisation or decision of a Member State required for entry for an intended stay in that State or in several Member States for a period whose total duration does not exceed three months; (iii) ‘transit visa’ means the authorisation or decision of a Member State for entry for transit through the territory of that Member State or several Member States, except for transit at an airport; (iv) ‘airport transit visa’ means the authorisation or decision allowing a third-country national specifically subject to this requirement to pass through the transit zone of an airport, without gaining access to the national territory of the Member State concerned, during a stopover or a transfer between two sections of an international flight. Note: For some third countries (specifically, and as of December 2011, Albania, Bosnia and Herzegovina, FYR of Macedonia, Georgia, Moldova, Montenegro, Serbia, Russian Federation and Ukraine) there are Visa Facilitation Agreements which facilitate, on the basis of reciprocity, the issuance of visas for an intended stay of no more than 90 days per period of 180 days to the citizens of the European Union and the third country party to the agreement. These are often concluded at the same time as Re-admission Agreements." |
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Vulnerable person
Description
Persons in a vulnerable position, such as"Minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence. Note: Directive 2011/36/EU defines a position of vulnerability as a situation in which the person concerned has no real or acceptable alternative but to submit to the abuse involved." |
Headnote:
The High Court granted an order under section 4 of the Human Rights Act 1998 that the scheme of “Right to Rent” set out in sections 20-37 of the Immigration Act 2014 was incompatible with ECHR rights, along with a further order that it could not be extended beyond England without a further evaluation.
Facts:
Decision & reasoning:
Outcome:
Orders granted. Application successful.
Subsequent proceedings:
Following the decision, the Court of Appeal allowed the Secretary of State’s appeal. The case was overturned.
Relevant International and European Legislation:
Cited National Legislation:
Cited Cases:
| Cited Cases |
| ECtHR - Chapman v The United Kingdom (Application no. 27238/95) |
| ECtHR - Bah v. the United Kingdom, Application No. 56328/07 |
| ECtHR - Petrovic v. Austria, Application No. 20458/92 |
| ECtHR - Demopoulos and Others v. Turkey (nos. 46113/99, 3843/02, 13751/02, 13466/03, 10200/04, 14163/04, 19993/04 and 21819/04) |
| ECtHR - Nachova and Others v. Bulgaria [GC], Application nos. 43577/98 and 43579/98, 6 July 2005 |
| ECtHR - Aristimuno Mendizabal v. France, Application no. 51431/99 |
Other sources:
R (Countryside Alliance and others) v Attorney General and another [2008] 1 A.C. 719
R. (Morris) v Westminster City Council [2006] HLR 8
R(HA)v Ealing LBC [2015] EWHC 2375 (Admin); [2016] P.T.S.R. 16
R (Simawi) v Secretary of State for Housing [2018] EWHC 2733 (QB)
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“Tackling illegal immigration in privately rented accommodation” Home Office,
Impact Assessment document Home office,
“The Government’s Response to the Consultation” Home Office,
“The Right to Rent Immigration Checks: Landlords’ Code of Practice” 2014,
“Avoiding unlawful discrimination when conducting ‘right to rent’ checks in the private rented residential sector” Home Office,
“No Passport No Home” Joint Council for the Welfare of Immigrants,
Policy Equality Statement 2015 Home Office,
“Passport please: the impact of the right to rent checks on migrants and ethnic minorities in England” Joint Council for the Welfare of Immigrants,
“Private Landlord Survey for England” by the Ministry of Housing, Community and Local Government,
“The Right to Rent Scheme and the Impact on the Private Rented Sector” by Noora Mykkanen & Dr Tom Simcock, Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) Order 2014