High Court dismisses claim that EU Settlement Scheme breaches EU-UK Withdrawal Agreement and Charter of Fundamental Rights

07/11/24

The High Court, yesterday, handed down judgment in R (Here for Good) v SSHD [2024] EWHC 2817 (Admin) by which Here for Good challenged certain changes made to the Immigration Rules in relation to the EU Settlement Scheme.

The EU Settlement Scheme is the UK’s residence scheme made pursuant to Article 18 of the Withdrawal Agreement. It is contained in Appendix EU to the Immigration Rules. Generally speaking, it enabled EU citizens resident in the UK to apply for and obtain leave to remain. The deadline to apply was 30 June 2021. For over two years, even applications made after 30 June 2021 were treated as valid and considered substantively regardless of the reasons for delay. This all changed on 9 August 2023 when, following an amendment to the rules, the approach to the 30 June 2021 deadline was altered (the “Amendment”). From 9 August 2023 onwards, if an application had been made after the 30 June 2021 deadline, the individual would have to show reasonable grounds for the delay in making the application. If these grounds were rejected, the application would be found invalid without further consideration and the individual granted no right of appeal. They would, instead, have to challenge the refusal by judicial review.

Here for Good challenged the effect of the Amendment which was to remove an individual’s right of appeal against a decision rejecting their grounds for delay. It was submitted that the lack of an appeal was a breach of Article 18 and 21 of the Withdrawal Agreement as well as a breach of Article 47 of the EU Charter of Fundamental Rights.

Dove J dismissed the challenge. He found that neither Article 18 or 21 of the Withdrawal Agreement nor Article 47 of the EU Charter of Fundamental Rights necessitated a right of appeal in these circumstances.

The judgment can be found here.