R (oao Gureckis, Cielecki & Perlinski) v Secretary of State for the Home Department

14.12.2017

Citation

[2017] EWHC 3298 (Admin)

The Home Office had adopted a policy of considering that rough sleeping EEA nationals were “abusing” or “misusing” their Treaty rights, and targeted them for removal. The Home Office carried out co-ordinated round-ups of migrants and paid the homelessness charities St Mungo’s and ThamesReach to unlawfully provide them with details of homeless people to detain.

The legal team established a pro bono legal clinic at a migrant support centre in order to ensure that individuals affected by the unlawful policy could receive advice and representation.

The policy was eventually declared unlawful as being incompatible with EU and domestic law, discriminatory, and involving unlawful systematic verification of the exercise or abuse of Treaty rights. It was quashed and the collaboration with homelessness charities ceased.

Stephen represented approximately 30 further claimants who had been unlawfully issued with removal decisions based on the policy. Their cases are in the process of being resolved. Further work is also taking place to ensure that individuals who have suffered as a result of the unlawful actions of the Home Office see justice.

Stephen was instructed alongside Marie Demetriou QC, Shanthi Sivakumaran, and Natalie Csengeri by the Public Interest Law Centre.