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NHS letter demands eight-day-old baby provide identity documents to prove right to free healthcareBanks have been told to adopt a default position of telling customers to take up the matter with the Home Office if a mistake has been made, even if they provide a passport or biometric residence permit showing they are lawfully present in Britain.
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Banks have also been told there is no requirement on them to contact account holders or require additional documentary evidence as part of the check.
Erroneous letter from NHS trust states baby born in UK to British parents may need to pay for treatment because she is not 'ordinarily resident' in country
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It comes after a memorandum of understanding was published in January stating that NHS digital was required to share patient information with the Home Office. According to the Department of Health, the Home Office made 8,127 requests for data in the first 11 months of 2016. This led to 5,854 people being traced by immigration enforcement teams.
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Home Office MOU to access NHS recordsIt’s good to talk
The Home Office normally retains significant documents – such as tribunal determinations – on an individual’s file. However, as it was not disclosed in evidence to the court we must assume that, for whatever reason, it was not retained in this case.
Whilst sloppy filing is regrettable, it is serious matter of concern that in the three years the application was outstanding, the Home Office did not seek to obtain the determination from HM Courts & Tribunals Service. The court observed that:
Miah, R (on the application of) v Secretary of State for the Home Department [2017] EWHC 2925 (Admin) (17 November 2017) :Information sharing between government departments for immigration purposes is all the rage, but only, it seems, where such information sharing would work against an applicant in any given case.… it is very unfortunate that SSHD was apparently unaware of the existence of the Tribunal Determination, despite the decision maker in this case having access to Home Office files and databases with information about Mr Miah’s immigration history. It seems that Home Office files and databases were either incomplete, or were inadequately examined, or that there are broader failures of communication between the various limbs of Government such as HM Courts & Tribunal Service, the Foreign & Commonwealth Office and the Home Office.
The court held: Miah, R (on the application of) v Secretary of State for the Home Department [2017] EWHC 2925 (Admin) (17 November 2017) :The consequence is that Mr Miah's passport application has now been outstanding for over six years; his Bangladeshi passport has presumably been in the hands of the authorities during the whole of that period and therefore unavailable to him; and through no fault or wrongdoing on Mr Miah's part, the threat of removal has been hanging over him and his family for over three years. This is highly regrettable.
Woman nearly deported after 50 years in UK wins leave to remainvinny wrote: ↑Tue Dec 05, 2017 1:57 am‘I can’t eat or sleep’: the woman threatened with deportation after 50 years in Britain (not British, but may have ILR or exemption)
rooibos wrote: ↑Sat Feb 17, 2018 8:23 amIs the system not ready because of purely technical and administrative issues, or is this a deliberate choice to keep people on the grill, so they will leave? At the end of the day, it IS working! Immigration from the EU is slowing down. That's what Theresa May always wanted with her hostile environnment.