Upcoming Interventions: 

The AIRE Centre has been granted permission to intervene by the Court of Appeal on 16 January 2025 in the case of Fertre v Vale of White Horse District Council. This case look at the UK domestic rules on eligibility for housing assistance and the additional requirement for those with pre-settled status to show they are exercising a qualifying right to reside. This is not something which British citizens with actual habitual residence are subject to. 

The question is therefore whether this amounts to direct or indirect discrimination under EU law, and thus under Article 23(1) Withdrawal Agreement, and if the Court of Appeal holds that any discrimination under Article 23(1) is indirect, whether that discrimination is capable of being justified by the Secretary of State. We have instructed A&O Shearman, Jamie Burton KC of Doughty Street, and Cliodhna Keller of Monkton, all of whom act pro bono. 

The AIRE Centre has also been granted permission to intervene in a case concerning Article 1D (one of the exclusion clauses in the 1951 Refugee Convention) and the circumstances under which Palestinian refugees are protected by the Refugee Convention. This case will also consider the role of the case law of the European Court of Justice (CJEU) post Brexit. With thanks to Stephanie Harrison KC and Garden Court Chambers for pro bono representation.

Deport Appeals: 

The AIRE Centre was granted permission by the Upper Tribunal in respect of a judicial review brought on behalf of a client subject to a Public Order Disqualification. This challenges the guidance which provides that an extension of time for filing further evidence will only be granted in “exceptional” circumstances. We argue the guidance needs to be more flexible and for potential trafficking victims to have more time to put in evidence. The case will be heard on 12 March and, if successful, is likely to have a wider impact beyond this particular client. The client is represented under our public law contract.

The AIRE Centre also successful appealed deport under the Immigration (European Economic Area) Regulations 2016 (“the 2016 Regulations”). The AIRE Centre successfully argued that the client, who is highly vulnerable, had acquired permanent residence in the UK, could only be removed on serious grounds of public policy and security, and that her assessed risk (low) was not sufficient to meet these grounds for removal. Thanks to Edward Arash Abedian of Landmark Chambers for his pro bono representation.  

EUSS Appeals:

We successfully appealed EUSS for someone who the Tribunal found was the primary carer of her EU national children and therefore derived a right to reside as a Teixeira/Ibrahim carer under Appendix EU to the Immigration Rules. Thanks to Michael Spencer of Doughty Street for his pro bono representation.  

We have provided end to end casework to a number of individuals who have successfully been granted EUSS. They include a number of domestic abuse survivors, a woman with a serious mental health condition and who faced destitution and eviction as a result of her lack of immigration status, and for someone who had been homeless for many years and who had failed to apply for EUSS before the deadline. 

The AIRE Centre provides direct representation in the case of Nofamo v SSWP before the Upper Tribunal. The case is about whether our client is eligible for Universal Credit while his EUSS/new residence status is pending, given the operation of the Withdrawal Agreement (‘WA’) on the provision made in domestic law. Underpinning that, is the question of whether he falls within the personal scope of WA law and/or has access to equal treatment provisions on some other basis. Adrian Berry and Desmond Rutledge of Garden Court are instructed pro bono.