England and Wales Case Law

BHO, R (on the application of) v Secretary of State for Health and Social Care & Anor

The grant of new residence status under Article 18.1 WA confers Title II Part 2 WA rights prospectively, not retrospectively; Late Beneficiaries' pre-application residence is not rendered lawful under the WA. The indirect discrimination in NHS charging is justified by the legitimate aim of promoting and ensuring the integrity of the UK's constitutive scheme under Article 18.1 WA.

Source excerpt

• Withdrawal agreement
• Nhs charging regulations
• Equal treatment
• Indirect discrimination
• Constitutive vs declaratory schemes
• Retrospective effect

Read case analysis

The Independent Monitoring Authority for the Citizens' Rights Agreements, R. (On the Application Of) v Secretary of State for the Home Department

The Independent Monitoring Authority for the Citizens' Rights Agreements, R. (On the Application Of) v Secretary of State for the Home Department [2022] EWHC 3274 (Admin) (21 December 2022)

The High Court held that the EU Settlement Scheme could not require people with pre-settled status to reapply for settled status on pain of losing residence rights.

• Withdrawal agreement
• Citizens' rights
• Residence rights
• Permanent residence
• Constitutive vs declaratory schemes
• Interpretation of treaties

Read case analysis

THE INDEPENDENT MONITORING AUTHORITY FOR THE CITIZENS' RIGHTS AGREEMENTS v SECRETARY OF STATE FOR THE HOME DEPARTMENT

The High Court held the EUSS unlawfully limited Withdrawal Agreement residence rights and did not require a second application for permanent residence.

• Residence rights
• Permanent residence
• Withdrawal agreement
• Constitutive vs declaratory schemes
• Eu citizens' rights
• Immigration control

Read case analysis