We are able to bring or intervene in legal proceedings (legal cases) where we consider it appropriate to do so in order to promote the adequate and effective implementation or application of Part 2 of the Withdrawal Agreement and Part 2 of the EEA EFTA Separation Agreement.
The factors we consider before using our litigation powers are set out in Volume 5 of the Operational Guidance. We will only intervene in a case where we are satisfied that the IMA’s contribution will add value to the proceedings and assist the court in its determination.
Whilst we are not able to intervene in every case, we are always keen to hear from practitioners, organisations and individuals who are involved in legal proceedings which concern citizens’ Part 2 rights. Individual cases could, for example, highlight a wider issue that we may wish to investigate further. In the event you would like us to be aware of any proceedings or potential proceedings that you are involved in, please let us know by emailing IMA@ima-citizensrights.org.uk
Litigation
Pre-settled status to settled status
The IMA has received permission to proceed with a judicial review claim against the Home Office regarding pre-settled to settled status. We have published more information and details of the permission order on our news page.
Fratila
The IMA previously intervened within the Supreme Court proceedings in Fratila. A link to the Supreme Court’s judgment in that case is here.