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Administrative Court hears important Withdrawal Agreement challenge

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On 1 and 2 November, the Administrative Court (Lane J) heard a judicial review challenge, bought by the Independent Monitoring Authority (“IMA”), in relation to the Secretary of State for the Home Department’s EU Settlement Scheme (“EUSS”), potentially affecting a significant number of EU citizens and family members who currently have pre-settled status. The European Commission and the3million intervened.

The IMA’s case, supported by the3million and the Commission, is that it is contrary to the Withdrawal Agreement (“WA”) to require a person who is granted pre-settled status and who falls within scope of the WA and is exercising rights under it to make a second application under the EUSS, either for settled status, or for a new period of pre-settled status when that status expires without a person qualifying for settled status. The IMA argues that this is unlawful because once an initial application is successfully made under the EUSS, residence rights continue to be enjoyed under the WA – and a right of permanent residence will automatically be acquired - provided the relevant conditions in the WA are met.

The Secretary of State resists the claim, and maintains that the EUSS is lawful.

Judgment has been reserved.

The case has been widely reported in the press, including by Reuters, in the Guardian and in the Financial Times.

David Blundell KC and Julia Smyth represent the Secretary of State.

Galina Ward KC and Charles Bishop represent the3Million, with Bijan Hoshi at the Public Law Project.

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