We are excited to launch “Without Capacity – Mental Capacity as a Barrier to Justice in the Immigration System” — a report summarising almost four years of work to challenge the lack of protection, support and safeguarding procedures for individuals with mental health disabilities who may not have the capacity to engage with the immigration process.
The report uses evidence of our experience in over 50 cases working with individuals who have limited mental capacity under our Migrants Mental Capacity Advocacy Project. We found that people face multiple, intersecting barriers which do not allow them to access the immigration system effectively. This is the hostile environment in action – by wilfully ignoring people with complex needs (already some of the most marginalised people in society) – this government is sending a clear message: that our communities are not worthy of access to justice. You can read the full report here.
The impact report shows that we do not have all the answers. However, we hope that it will be a useful first step in highlighting the issues. Our project will continue to work with our members with mental disabilities to fight for their rights to access the immigration system.
Alongside the report, we have produced this guide (written by Jennifer Blair from No5) which explains how ‘Litigation Friends’ can be used in the immigration tribunals.
This work would not have been done without the ongoing support and collaboration of our advisory panel members:
- Jennifer Blair, No5 Chambers
- Dr Johanna Herrod, Consultant Neuropsychiatrist NHS
- Will Whitaker, Bindmans LLP
- Bethan McGovern, Southwark Law Centre
- Bijan Hoshi, Public Law Project and Barrister at Garden Court Chambers
- Eleanor Sibley, AIRE Centre and Field Court Chambers
- Francesca Valerio, Migrants Organise
- Heike Langbein, Migrants Organise
And to our dedicated litigation friends and independent advocates, we would like to extend our deepest gratitude to them for their dedication, commitment and expertise.
If you have any questions about our work in relation to mental capacity, please contact firstname.lastname@example.org
Join us on Thursday 29 July for a seminar co-hosted by No5 Chambers to discuss the report, guidance and how to take action.
Watch this space 👇🏽
Save the date Thursday 29 July 2021 5 – 6.30 pm