Dear ESOL Research Forum
We are writing from the Public Law department at Duncan Lewis Solicitors in Harrow.
Since March, Duncan Lewis has lodged six Judicial Review claims to challenge the imposition of study restrictions for asylum seekers and care leavers and have obtained interim relief suspending restrictions.
On 9 May 2018, on the day of one of our hearings, the Home Office changed their bail policy, explicitly stating that asylum seekers and care leavers should be allowed to study.
Study restrictions in Bail 201 forms which were issued under the previous guidance will continue to apply, and it doesn’t seem like the Home Office has been taking proactive steps to reissue Bail 201s without the restriction on study. Therefore, we understand that there are still a significant number of individuals affected. We will continue to challenge the imposition of study conditions until new Bail 201 forms are issued.
It is also possible that we will be able to challenge future restrictions on study for immigration offenders and victims of trafficking, as well as individuals who have fresh claims pending.
If you have come across any individuals who have been served with Bail 201 forms, including a condition that they are not allowed to study and they are either already in education or precluded from accessing a particular course due to this restriction, it would be great to hear from you. Depending on the individuals’ circumstances, we may be able to assist with bringing a legal challenge against the decision to impose restrictions on studying.
Another important point to note is that as some Bail 201 forms were issued in February and March 2018, we may be approaching the three-month deadline to bring judicial review challenges, so it’s important that judicial review applications are made promptly to avoid being out of time.
If you would like to discuss this further, please contact Hannah Baynes ([log in to unmask]) and Jamie Bell ([log in to unmask]).
The barristers instructed in our cases are Shu Shin Luh, Grainne Mellon and Laura Profumo, all of Garden Court Chambers.
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