High Court defeat could mean blow for ‘settled status’ cases
Campaign group The3million has lost a High Court battle over an "immigration exemption" in the Data Protection Act. Picture: PA Images - 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.
Most Read
- 1 Michael Gove claims Boris Johnson is a 'huge asset' to Scotland
- 2 Sky News presenter says Boris Johnson is 'gaslighting the nation' over Covid claims
- 3 Home Office launches voluntary repatriation scheme for EU nationals
- 4 Brussels politician says Boris Johnson should 'pay for EU workers to stay' in UK
- 5 David Cameron's wife says Brexit has made trading 'difficult' for her business
- 6 Website that allows public to see if their MP is 'a p***k' gets 250,000 views in four days
- 7 Piers Morgan and Susanna Reid reject Boris Johnson's coronavirus claim
- 8 Nigel Farage reminded of claim that 'acid test of Brexit' surrounds fishing after clip resurfaces
- 9 Pro-Brexit fishing campaigner says Boris Johnson's deal has left her with 'no fish'
- 10 Boris Johnson is the 'worst PM' and should resign, says Alastair Campbell
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.