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JCWI challenges further roll-out of Right to Rent immigration checks

 

stuart
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JCWI says it is sending pre-action correspondence to the home secretary today seeking a halt to any further roll out of the Right to Rent scheme ‘unless there is a thorough evaluation of the scheme in England, looking at discrimination and at the effectiveness of the scheme itself.’ ....

https://www.jcwi.org.uk/saying-no-to-roll-out-of-rent-to-right-scheme

     
Daphne
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shawn
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JCWI victory in the High Court:

WE WON! The High Court has ruled that the “right to rent” causes racism and cannot be reformed. The Government MUST scrap the scheme #hostileenvironment

https://twitter.com/JCWI_UK/status/1101422561265627136

     
shawn
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More now from JCWI:

A key plank of Theresa May’s Hostile Environment immigration policy has been declared unlawful in a damning ruling handed down by Mr Justice Spencer at the High Court today.

More: https://www.jcwi.org.uk/righttorentwon

     
Rwkitch
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nevip
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Paul_Treloar_AgeUK
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Very good outcome but I’ve seen someone suggest that because it’s a declaration of incompatability, nothing actually changes immediately until governmentt decide what they’re going to do in order to try to rectify the problem.

     
Elliot Kent
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Paul_Treloar_AgeUK - 01 March 2019 09:44 PM

Very good outcome but I’ve seen someone suggest that because it’s a declaration of incompatability, nothing actually changes immediately until governmentt decide what they’re going to do in order to try to rectify the problem.

This is true. Acts of Parliament can’t be ‘struck down’ in court like in America. All that the court can do is declare that the Act is incompatible with the European Convention on Human Rights. That has no effect of itself, but it will normally be a prompt for action - whether that is new legislation or the minister responsible making a “remedial order” under the Human Rights Act to put the problem right.

There is a list of all the declarations of incompatibility which have been made and what has happened to them published each year - the latest is here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/756346/responding-human-rights-judgments-2017-18.pdf

      [ Edited: 2 Mar 2019 at 08:37 am by Elliot Kent ]
ros
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Written statement from Caroline Nokes says that government disagrees with High Court’s finding that Right to Rent Scheme is incompatible with ECHR and that -

‘... the Home Office has been granted permission to appeal all aspects of the judgment.

In the meantime, the provisions passed by this House in 2014 remain in force. There are no immediate changes to the operation of the policy. Landlords and letting agents are still obliged to conduct Right to Rent checks as required in legislation.’

https://www.parliament.uk/business/publications/written-questions-answers-statements/written-statement/Commons/2019-03-05/HCWS1379/

     
shawn
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New High Court judgment in Goloshvili, R (On the Application Of) v Secretary of State for the Home Department [2019] EWHC 614 (Admin) (15 March 2019)

Judge’s obiter view on the substantive claim includes that the issue of a Notice of Letting to a Disqualified Person (NLDP) is not an unlawful act of race discrimination but, on the contrary, is lawful and authorised within the provisions of the Immigration Act 2014; section 29 of the Equality Act 2010 does not apply to the issue of NLDPs

https://www.bailii.org/ew/cases/EWHC/Admin/2019/614.html