Home Office’s guidance on no recourse to public funds unlawful (R(W) v Secretary of State for the Home Department)

Article summary

Immigration analysis: The High Court held that absent explicit Parliamentary authority, the Secretary of State cannot impose a No Recourse to Public Funds (NRPF) condition on immigrants when they are destitute or at imminent risk of destitution because to do so would breach their rights pursuant to Article 3 of the European Convention on Human Rights (ECHR) and fundamental rights protected by the common law. The court held that the existing rules and accompanying guidance failed to convey the duty on caseworkers to lift (or not apply) an NRPF condition in such circumstances and were accordingly unlawful. The case provides a useful summary of the tests to be applied when the Courts are assessing the lawfulness of immigration rules and guidance. This case also demonstrates that the courts expect rules and guidance to be explicit and clear as to caseworkers’ duties to prevent breaches of immigrants’ rights. Further, the case demonstrates that the...