Immigration rules: extending domestic violence protection to refugees (R (A) v Secretary of State for the Home Department)
The wife of a refugee was granted temporary leave to remain in the UK. When domestic violence forced her to leave her husband, immigration rules meant she was no longer eligible for indefinite leave to remain. Had her partner been a British citizen or had settled immigration status, she would still be eligible for indefinite leave to remain under the Home Office’s domestic violence concession. However, the concession did not apply to partners of refugees. The woman unsuccessfully challenged the rules in the Court of Session (Outer House), and brought an appeal to the Court of Session (Inner House).
Bedroom tax: under what circumstances is a spare room justifiable? (R (Daly and others) (formerly known as MA and others) v Secretary of State for Work and Pensions)
Housing benefit regulations reduce the amount of benefit available to people who have a spare bedroom. Seven people who had lost some of their benefit challenged the Department for Work and Pensions in the Supreme Court.
Challenging the Home Office’s Removal Notice Window (RNW) policy (R ((1) FB & (2) Medical Justice) v SSHD)
We intervened in a challenge regarding a Home Office policy, which gave people sometimes as little as 72 hours’ notice before they can be deported from the UK without further warning. The policy was ruled to be unlawful by the courts.
Highlighting the lack of interim relief available to discrimination claimants (Steer v Stormsure Ltd)
A woman alleged that she was sexually harassed by her colleague and victimised by her employer when she complained about it. She resigned from her employment, claiming that she had been constructively dismissed as a result of her employer’s actions and applied for interim relief, which was rejected. We were involved in the subsequent appeals in order to highlight the lack of interim relief available to discrimination claimants and the problems associated with this.
Challenging the ‘two-child limit’ rule (R (on the application of SC and CB and their children) v Secretary of State for Work and Pensions)
The Welfare Reform and Work Act 2016 provides that child tax credit and its replacement universal credit will not be payable to any 3rd or subsequent children in a family born after 6th April 2017 (subject to some exceptions). This is known as the ‘two child rule’.
SC and CB each had a baby after 6th April 2017 and do not receive any tax credits for those children.