19th October 2023

High Court declares Home Office may grant migrants access to benefits on any visa type (PA and NA (by her litigation friend and mother PA) v SSHD)

Ben Amunwa

Immigration analysis: In the latest structural challenges to the Secretary of State’s ‘no recourse to public funds’ (‘NRPF’) policy, the claimants established that the defendant’s policy was unlawful because it failed to properly instruct caseworkers that they could exercise discretion to lift the NRPF condition from the limited leave to remain of student migrants. The defendant conceded (and the Court declared) that the Secretary of State has a discretion to lift the NRPF condition from the limited leave to remain of migrants on all forms of visa. Previously, the Home Office approach had been to only consider lifting the NRPF condition in family life, private life and British National overseas (‘BNO’) cases. That restriction no longer pertains. The Defendant has issued a new interim policy for cases where a person requests permission to access public funds while on a visa other than a family, private life or BNO visa.

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Involving Ben Amunwa