2010 - Advising Individuals on Their Rights in Europe

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2010 - Advising Individuals on Their Rights in Europe

  1. 1. Advising Individuals on Their Rights in Europe trESS Seminar London 2 July 2010
  2. 2. The AIRE Centre (Advice on Individual Rights in Europe) Mission: Promote awareness of European law rights and assist vulnerable and marginalised individuals in asserting those rights What We Do: • Litigate Before the European Court of Human Rights• Provide advice to migrants on their rights under European Union law • Trainings, third-party interventions, reports, conferences
  3. 3. One Area of the AIRECentre’s EU Law Work EU Migrants of Minority Race/Ethnicity
  4. 4. • The Project started in September 2009• The running of the Project has been made possible through the kind support of the Joseph Rowntree Charitable Trust• The Project ongoing for 30 months• One part-time Project Manager reporting to a Staff Lawyer and supervising two interns
  5. 5. • Objective: to fight the social exclusion of EU migrants of minority ethnicity in the UK• Means to reach the objective: by eliminating one of the root cause: systemic discrimination by state authorities (Reduce, Increase and Improve)• Identified minority groups: naturalised EU/EEA citizens and 3rd country EU/EEA family members of minority ethnic origin as well as EU nationals from Eastern Europe (A8 and A2 nationals)
  6. 6. • Since 01 September 2009: 198 requests for advice involving the target group• Naturalised EU migrants: 30 cases• 3rd country family members: 106 cases• A8 nationals: 102 cases• A2 nationals: 27 cases
  7. 7. • 93 Cases on obtaining National Insurance Number, Registration Certificate, Residence Card, Permanent Residence or Retained Rights of Residence• 68 Cases on access to Social Assistance or Social Security Benefits• 21 Cases on Free Movement (Visa, Family Permit, Entry Clearance, ect)• 21 General enquiries on matters such as forms, the Workers Registration Scheme, Worker Authorisation and EU rights
  8. 8. • 8 cases involved human trafficking• 18 cases involved domestic violence• 12 cases involved the rights of EU minority migrants’ prisoners in the UK who are some facing possible deportation
  9. 9. Two Issues Relating to Regulation 883/04• Access to NHS Care (in practice and in theory)• Access to special non-contributory benefits
  10. 10. Accessing Sickness Benefits in Kind (NHS care) in practice• Primary care – GPs can register individuals at their discretion, no restriction as long as you can find a GP• Hospital care – overseas charging possible
  11. 11. Accessing NHS Care in Practice• In practice, very rare for an EU migrant resident in the UK to be refused NHS hospital treatment• There are known cases involving third- country national family members and EU nationals of Roma ethnicity• Question of the exclusion of EU nationals: R on the application of YA v Secretary of State for Health [2009] EWCA Civ 225
  12. 12. Accessing NHS Care in Theory• UK Border Agency practice of refusing residence applications based on exercise of residence rights under Article 7(1)(b) or (c) of Directive 2004/38 without proof of private health insurance.• Relationship between Dir 2004/38 and Reg 883/04• Universal healthcare and Art 4 of Reg 883/04
  13. 13. Special Non-Contributory Benefits• Patmalniece v Secretary of State for Work and Pensions [2009] EWCA Civ 621• Added value of Art 4 of Regulation 883/04• Benefits concerned: – Pension Credit – Income-based Jobseeker’s Allowance – Income Support – Income-based Employment and Support Allowance
  14. 14. Situation at Present• Pregnant jobseeker who wishes to transfer to Income Support in last weeks of pregnancy will be refused based on right- to-reside test.• EU migrant with disability who comes to the UK cannot get Employment and Support Allowance to get assistance finding suitable work.
  15. 15. View of the European CommissionLetter from the European Commission (Jackie Morin) to ILPA and the AIRE Centre of 2 February 2010
  16. 16. Contacts• advice: info@airecentre.org• Hildur Hallgrimsdottir: hhallgrimsdottir@airecentre.org• Adam Weiss: aweiss@airecentre.org

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