BritCits and the Migrants’ Rights Network, today welcomed today's Supreme Court decision to take the children’s best interest for family migration, but were disappointed that the minimum income requirement (MIR) in the immigration rules remains.
For over four years, in some cases longer, families have waited for this final judgment, and today the Supreme Court ruled that the best interest of children needs to be taken into account, and alternative sources of funding must be considered alongside the MIR.
The Supreme Court has ruled today, 22 February, that the Family Migration Rules do not breach the UK’s obligations under the European Convention on Human Rights, including Article 8 concerning the right to family and private life.
But the court added that the Home Office’s rules and instructions failed to take full account of their legal duties in respect to the children involved or to allow alternative sources of funding to be considered.
So the ruling could give limited hope to some of the separate families with children but the four families who brought the appeal will not find out whether they can live together in Britain until their cases are reconsidered.
A sharp drop in the number of immigration tribunal judges could end in crisis, despite the government’s insistence that there is sufficient capacity to deal with a growing backlog of work, reports the Law Society Gazette.
In 2012 there were 347 fee-paid and 132 salaried judges in the first-tier tribunal. In 2016 there were only 242 fee-paid and 77 salaried. In the upper tribunal, a headcount of 40 fee-paid and 42 salaried judges in 2012 declined to 35 fee-paid and 42 salaried last year.
A new online tool to help advisers’ work out support options for destitute families who are required to live with “no recourse to public funds” has been launched.
Advisers and families can use the tool to:
- find out if and when a family may be eligible to get help from social services (including emergency support options)
- discover what the implications of any exclusions to support might be
- learn what information may be required by social services
- find further information to help the family resolve their housing and financial difficulties before statutory support is required.