The claimant, AA, was represented by Greg Ó Ceallaigh KC and Bojana Asanovic of Garden Court Chambers, instructed by Julian Stern and Ben Goldberg of Turpin Miller.
The Home Office has agreed to pay damages to an EU national wrongly denied the right to work while awaiting a decision on his EU Settlement Scheme (EUSS) application.
AA is a national of France, who has lived in the United Kingdom his entire life. He was subject to deportation action on account of criminal offending. The Home Office imposed a condition on his bail prohibiting work (a “no work” condition) while his appeal was proceeding.
AA challenged that decision on the basis that the Home Office had no power to vary a bail order made by the Tribunal, and on the basis that imposing a condition of bail prohibiting him from working, while he had an outstanding EUSS application, was a violation of the Withdrawal Agreement (WA). He also challenged the lawfulness of the Home Office bail guidance on the basis of the failure to make clear the right to work of those protected by the Withdrawal Agreement.
Following the bringing of the claim, the Home Office withdrew the condition preventing AA from working. The Home Office has now conceded the claim, agreeing to pay him substantial damages and to:
“…carry out a review of the Bail Guidance as it applies to decisions about imposing immigration bail conditions prohibiting work and study on those benefitting from rights under the EU-UK Withdrawal Agreement, including by virtue of having an outstanding application for leave to remain under the EU Settlement Scheme, with the intention that an updated version of the Bail Guidance will be published within three months.”
