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Asylum Seekers Prohibited From Studying By New Home Office Bail Restrictions (1 May 2018)

Date: 01/05/2018
Duncan Lewis, Main Solicitors, Asylum Seekers Prohibited From Studying By New Home Office Bail Restrictions

In January, the Home Office made changes to temporary admission and immigration bail. As a result, individuals have been issued new Bail 201 forms setting out immigration bail conditions.

According to the policy, minors’ education must not be restricted. Regarding adults, the policy guidance states that there is no general rule against asylum seekers studying. In order to exercise the power to impose conditions they must be proportionate, rational and based on individual circumstances.

However, anecdotal evidence suggests that many individuals have been barred from studying. This was not a standard restriction under temporary admission, but now appears to be routinely imposed in Bail 201 forms.

This is particularly problematic for care leavers whose local authority support is contingent on their remaining in education. Additionally, since many Bail 201 forms were issued in early February, we may be approaching the three-month deadline to bring judicial review challenges, so it’s important that judicial review applications are made promptly to avoid being out of time.

Our view is that there is a good chance of successful challenge against this restriction. Duncan Lewis has recently secured interim relief in two cases allowing clients to continue their studies. In a further case, the Home Office responded by reissuing a Bail 201 form without the restriction, avoiding litigation.

We are reaching out to organisations supporting individuals affected by these changes to ask you:

  • Would your organisation consider providing a general letter of concern regarding the impact that the implementation of the new policy is having on the individuals you support; what you are seeing in terms of its prevalence; and any comments on its roll out?

  • If you know of any individuals who are affected by this restriction - those who are either currently enrolled or have applied to study - please do put them in touch with us. We are ready to act urgently to challenge imposition of any restrictions.

  • Please continue to monitor this issue and provide us with evidence and updates regarding the impact its having.

For more information, please contact Hannah Baynes (hannahb@duncanlewis.com) and Jamie Bell (jamieb@duncanlewis.com)

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