"Right to Rent Checks" is in breach of Human Rights laws
Earlier this month, the High Court held in the case of R(Joint Council for the Welfare of Immigrants) v SSHD [2019] EWHC 452 (Admin) that the Right to Rent checks introduced by the Government previously are in breach of the European Convention on Human Rights (ECHR).
The case was always difficult however the Claimants argued that the checks did not account for discrimination on the basis of Nationality and furthermore, there was no real monitoring of the checks. A large volume of evidence consisting of surveys, testimonies and a mystery shopper against the limited evidence provided by the Home Office moved the Judges to find that the Right to Rent Scheme was discriminatory.
It was found that the checks had limited effect in controlling immigration but the discriminatory nature of the checks outweighed this.
The Home Office attempted to argue that if the checks were discriminatory, the discrimination was caused by the Landlords and not the Home Office Scheme. This submission was rejected by the Judged as they found that the Scheme did cause the Landlords to discriminate.
The Judge ended the Judgement explaining that should the scheme be extended to the rest of the UK, it would be irrational and unlawful.
Whilst the Home Office are left "disappointed", this judgement is a big victory in the fight against the Government's hostile environment approach introduced under the Immigration Act 2014.
The case was always difficult however the Claimants argued that the checks did not account for discrimination on the basis of Nationality and furthermore, there was no real monitoring of the checks. A large volume of evidence consisting of surveys, testimonies and a mystery shopper against the limited evidence provided by the Home Office moved the Judges to find that the Right to Rent Scheme was discriminatory.
It was found that the checks had limited effect in controlling immigration but the discriminatory nature of the checks outweighed this.
The Home Office attempted to argue that if the checks were discriminatory, the discrimination was caused by the Landlords and not the Home Office Scheme. This submission was rejected by the Judged as they found that the Scheme did cause the Landlords to discriminate.
The Judge ended the Judgement explaining that should the scheme be extended to the rest of the UK, it would be irrational and unlawful.
Whilst the Home Office are left "disappointed", this judgement is a big victory in the fight against the Government's hostile environment approach introduced under the Immigration Act 2014.
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