NRPF

No Recourse to Public Funds and Article 3: Proving Systems Duty Breaches

4 December 2024 by Matthew Leitch

Background

In SAG & Ors v Secretary of State for the Home Department [2024] EWHC 2984 (Admin), the High Court considered challenges to the Secretary of State’s determination of applications to remove no recourse to public funds (“NRPF”) conditions placed on the Claimants’ leave to remain. Each Claimant’s position was that they were at imminent risk of destitution. Several grounds of challenge were advanced:

1. The approach to the NRPF conditions was unlawful under common law

2. The approach to the NRPF conditions was a breach of s.55 of the Borders, Citizenship and Immigration Act 2009.

3. The approach to the NRPF conditions was incompatible with the Human Rights Act 1998 read with Article 3 of the European Convention of Human Rights.

This article considers the third ground of challenge under the Human Rights Act 1998.