High Court defeat could mean blow for ‘settled status’ cases
- Credit: Johnny Green/PA Archive/PA Image
Campaigners have lost a legal battle they fear could harm the chances of EU citizens applying for 'settled status' in the UK.
The organisation, The3Million, had brought a High Court challenge over new laws preventing EU citizens living in the UK from finding out what data the Home Office holds on them.
The group - which represents the interests of Europeans in the UK - had challenged an exemption clause in the Data Protection Act (DPA) introduced last year which denies them access to their personal records in immigration cases.
However, Mr Justice Supperstone has ruled that the exemption is not unlawful.
He acknowledged there was a "particular concern" among campaigners because EU citizens will have to apply for settled status if they wish to continue living in the UK after Brexit.
You may also want to watch:
But he also recognised the Chief Inspector of Borders and Immigration has said there is a 10 per cent error rate in immigration status checks.
However, in his ruling, the judge highlighted safeguards within the DPA which provide effective remedies in case of error.
- 1 Nigel Farage loses nearly 50,000 followers after Twitter suspends QAnon accounts
- 2 Tory minister admits UK rejected EU's music visa offer in order to 'take back control' of borders
- 3 Progressive alliance could see Labour win 351 seats at next election, new analysis reveals
- 4 Bob Geldof takes swipe at No 10 saying 'lying is second nature' to them
- 5 Former Brexit Party MEP dies in diving accident in the Bahamas
- 6 The greatest failure of government in our lifetime
- 7 Boris Johnson blames seafood companies for post-Brexit sales slump
- 8 Jacob Rees-Mogg says it's 'all the EU's fault' musicians can't tour Europe
- 9 What Auf Wiedersehen, Pet teaches us about Britain and Europe
- 10 Priti Patel fails to appear in Commons to answer questions on missing police records
The case, against the Home Secretary and the Secretary of State for Digital, Culture, Media and Sport, was brought by The3Million alongside digital campaigners the Open Rights Group.
Both campaigning organisations had urged the government to reconsider the exemption before it became law in May last year, before launching High Court proceedings in July after it refused to do so.
Human rights organisation Liberty intervened in the case, arguing the exemption is unlawful because it undermines an individual's right to privacy.
Become a Supporter
The New European is proud of its journalism and we hope you are proud of it too. We believe our voice is important - both in representing the pro-EU perspective and also to help rebalance the right wing extremes of much of the UK national press. If you value what we are doing, you can help us by making a contribution to the cost of our journalism.