Home Office settles ILR challenge
This week, the Home Office settled a judicial review due to be heard in October 2024 by agreeing to grant indefinite leave to remain outside of the Immigration Rules to Nelson Shardey, an individual from Ghana who has lived in the UK since 1977. Nelson, who has not left the UK since his arrival, has British family and a long-standing local business and a property in the UK. He is a well-loved and prominent member of his local community in Wallasey, Wirral. Nelson had believed himself to be British until 2019, when he discovered he had no immigration status. He was later advised by the Home Office to apply under the Windrush Scheme but it was found that he did not qualify under that Scheme and he was granted 30 months' limited leave to remain on the 10-year route to settlement. When he had to renew his leave to remain without legal representation, he submitted the wrong application by accident, and lost his status.
It was argued on his behalf that the failure to grant Nelson ILR and to require him instead to complete a further 10-year probationary period with precarious leave to remain before being eligible to apply for settlement was a breach of his Article 8 ECHR rights (the right to a private and family life). It was also argued that the Home Office had failed lawfully to apply its policy to grants of ILR outside of the Immigration Rules and that the policy itself was unlawful in cases such as this one, where the strength family and private life ties to the UK were such that, all else being equal, Nelson was certain to qualify for further leave to remain. Permission to apply for judicial review was granted on all grounds. Nelson and his two sons embarked on crowd funding to enable them to continue the litigation which gained significant public support, raising over £47,000. The family explained that if they won, they would donate the money raised to three named charities. The case also gained considerable media coverage, for example, here and here.
Following the submission of amended grounds and evidence, the Home Office backed down, agreeing to grant Nelson ILR and to waive the application fee. The Home Office have since apologised to Nelson: see here. Whilst the settlement means the court will no longer hear the wider policy challenge to the 10-year route in this case, the public reaction to Nelson's case, followed by Home Office's decision to grant him ILR, is indicative of the clear problems with the 10-year route as explained in detail in policy and legal work undertaken by Nelson's solicitors, Greater Manchester Immigration Aid Unit, amongst others: see GMIAU's article on this case.
Rowena Moffatt was instructed in this case by Nicola Burgess of Greater Manchester Immigration Aid Unit.
Links:
- Fundraiser by Jacob Shardey : Justice for Nelson: Home Office vs. Our Dad. (gofundme.com)
- Wirral ‘local legend’ refused indefinite leave to remain by Home Office | England | The Guardian
- Wirral man 'overwhelmed' by support for his fight to be British - BBC News
- Home Office U-turn grants Wirral ‘legend’ right to live in UK after 46 years | Merseyside | The Guardian
- News: Nelson beats the 10-year route! - GMIAU