The Home Secretary’s failure to provide individuals on section 3C leave with documentation to confirm their leave found to be unreasonable

The Administrative Court has made a finding in the case of R (on the application of Refugee and Migrant Forum of Essex and London) and another v Secretary of State for the Home Department that the Home Secretary’s failure to provide individuals on section 3C leave with documentation to confirm their leave is unreasonable. 

Where an individual makes an in-time application to extend their leave, and where a decision remains outstanding after the expiry of the existing leave, the individual will be granted leave under section 3C of the Immigration Act 1971. This section protects the individual’s position by granting an automatic extension of leave until a decision is made on the outstanding application or as the case may be, outstanding appeal. By virtue of being on section 3C leave, the individual has the same rights as attached to their previous leave, including the right to work, study and access public funds, as applicable.  

While section 3C leave protects the individual’s rights, a document to confirm the grant of section 3C leave is not provided. This leads to problems in evidencing a right to work, study, access public funds, etc. The inability to evidence such rights often results in individuals on section 3C leave from being wrongly prevented from working, studying or accessing public funds. 

The difficulty faced by individuals on section 3C leave was raised in the above quoted case and it was held by the Administrative Court that the Home Secretary’s approach was unreasonable as it resulted in real hardship for individuals on section 3C leave as they were unable to evidence their immigration status and thereby exercise their associated rights. 

While the Administrative Court found that the Home Secretary’s failure to issue documentation confirming section 3C leave was unreasonable, it remains to be seen what action the Home Secretary will take, if any. 

If you would like any advice or assistance regarding the operation of section 3C leave, or with an application to extend your leave, then please do not hesitate to contact one of the experienced solicitors in our immigration team.