Public Law Project has summarised progress following recent judicial review challenges in advance of the 30 June cut off date –
Despite the claims ultimately being unsuccessful in court, they achieved significant positive developments in the EUSS system along the way. The claims have influenced positive developments in Home Office policy and guidance.
– First, since the JCWI and Migrants Organise claims were commenced, there have been significant updates to the guidance to Home Office caseworkers who deal with applications to the EUSS:
– There is now five pages of detailed guidance about individuals with impaired mental capacity (pp. 127-131).
The guidance now contains a detailed section about who will be considered to have reasonable grounds to make a late application to the scheme after 30 June (pp. 27-44), which includes various protected groups that JCWI represent and individuals with impaired mental capacity who Migrants Organise represent.
– The guidance states that if, after the deadline, Immigration Enforcement come across people who may be eligible to make a late application to the EUSS, they must signpost people to the scheme and give them chance to apply before taking any enforcement action against them (pp. 30-31).
By the Home Office’s usual standards, this guidance is comprehensive and generous. It goes some way to mitigating the risks of falling off the ‘cliff-edge’. We believe that at the very least this guidance was influenced by the litigation.