Protecting children seeking asylum from being detained based on appearance (BF (Eritrea) v Secretary of State for the Home Department)
A person seeking asylum arrived in the UK at the age of 16. Officials thought he looked over 18 and he was held in immigration detention. He was later found to have told the truth about his age. The Home Office’s own rules say that unaccompanied children should not be detained. The person seeking asylum unsuccessfully challenged this in the First-tier Tribunal (Immigration and Asylum Chamber), and again in the Upper Tribunal. He then appealed the UT’s decision in the Court of Appeal. We intervened in the Court of Appeal to challenge guidance from the Home Secretary which said that people seeking asylum who look over 18 can be treated as adults.
Hillingdon Council’s housing rules said that a person must have lived in the area for at least ten years before they could apply for a house. The council refused two people, a refugee who had been given permission to stay in the UK and an Irish Traveller, on these grounds. We saw this as discriminatory and we intervened in their cases in the Administrative Court and the Court of Appeal.
Home repossession: what reasonable adjustments should mortgage providers make? (Green v Southern Pacific Mortgage Ltd )
A woman who became unable to work because she was depressed asked her mortgage provider to transfer her from a repayment mortgage to an interest-only plan. This would have reduced her monthly payments sufficiently that her housing benefit would cover it. The mortgage company refused. She challenged their decision, arguing that they had discriminated against her by refusing to make reasonable adjustments on the grounds of her depression.
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.
A pupil, Ruby, took her school to court after it enforced a uniform policy that banned Afro hair of excessive volume. When the school didn’t respond to the claim, the court issued a default judgment in her favour and the family reached a settlement. We funded the case through court and secured a legally binding agreement with the school to ensure it ended the discriminatory policy and considered factors such as race and religion when determining what a ‘reasonable’ hairstyle was.