Judicial Review Permitted into Government’s Treatment of Individuals with 3C Leave

The High Court has granted permission for a judicial review to be heard into the UK Government’s treatment of people with ‘3C leave’.

Under Section 3C of the Immigration Act 1971, individuals who make an in-time application to extend their lawful status in the UK are automatically granted a temporary right to stay in the UK so as to protect their existing rights while their application is being processed by the Home Office. However, the Government does not provide those on 3C leave with proof of their immigration status. This can lead to numerous problems for individuals with section 3C leave, such as issues proving their right to work or study, or when claiming benefits.

The migrant and refugee charity RAMFEL found that in 2022, 17% of those on 3C leave suffered serious detriment and predicted as many as 40,000 people each year could be facing wrongful suspension from work. In light of these issues, the charity brought a legal challenge against the Government.

The High Court has now granted permission for a Judicial Review into the Government’s treatment of those with 3C leave and to establish whether this conduct is unlawful.

If found to be unlawful, we should expect changes in government policy, which could include providing confirmation of a person’s rights and entitlements whilst on 3C leave.