Raol Barizi, R (on the application of) v The Secretary of State for the Home Department
[2023] EWHC 3491 (Admin)
Rawle Ganpot & Ors, R (on the application of) v Secretary of State for the Home Department
3 February 2023
[2023] EWHC 197 (Admin)
High Court
A family facing homelessness because of their immigration status won a court case forcing the government to temporarily house them until their immigration case is fully heard. The judge said making them choose between being homeless and going back to their home country was wrong.
Key Facts
- •Three claimants (Rawle, Paul, and Fayrose Dickson) from Grenada, UK residents since the mid-to-late 1990s, face eviction from their temporary accommodation.
- •They applied for leave to remain under the 20-year rule and for accommodation and support using the BAIL 409 form, which were refused.
- •The claimants are destitute and have health issues.
- •The claimants lack alternative accommodation and face homelessness or returning to Grenada, potentially losing their right to apply for leave to remain under the 'private life route'.
- •The claimants brought judicial review proceedings against the Secretary of State for the Home Department
Legal Principles
The Secretary of State has the power under Schedule 10 of the Immigration Act 2016 to grant immigration bail and provide accommodation in exceptional circumstances.
Immigration Act 2016, Schedule 10
Section 3 and 6 of the Human Rights Act 1998 requires that legislation be interpreted in a way that is compatible with Convention rights.
Human Rights Act 1998
The court must consider whether the claimants' Convention rights would be breached if accommodation is not provided; if so, the Secretary of State must take necessary steps to prevent the breach.
R (Humnyntskyi) v. Secretary of State for the Home Department [2020] EWHC 1912 (Admin)
The test for interim relief is whether there is a serious question to be tried and where the balance of convenience lies (American Cyanamid test).
American Cyanamid v. Ethicon Ltd. [1975] AC 396
Article 3 of the European Convention on Human Rights prohibits inhuman or degrading treatment.
European Convention on Human Rights
Article 8 of the European Convention on Human Rights protects the right to respect for private and family life.
European Convention on Human Rights
Section 116 of the Immigration and Asylum Act 1999 precludes local authorities from providing accommodation under the National Assistance Act 1948 to persons subject to immigration control.
Immigration and Asylum Act 1999
Outcomes
The application for interim relief was granted.
The court found a strongly arguable case that the Secretary of State acted unlawfully by forcing the claimants to choose between homelessness and returning to Grenada, risking breaches of their Article 3 and Article 8 rights. The balance of convenience strongly favored granting the mandatory order.
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