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The government’s Brexit scheme that means EU citizens must reapply for the right to live and work in the UK is unlawful, the High Court has ruled.

The EU Settlement Scheme opened in March 2019 and meant all EU citizens who wanted to remain in the UK after the Brexit transition period ended on 31 December 2020 had to apply for residency by June 2021.

If they had lived in the UK for a continuous five-year period at the time, they were given settled status but those who had been in the UK for less time were given pre-settled status.

EU citizens with pre-settled status have to reapply for settled status on reaching five years’ continuous residence in the UK or risk losing their residence rights, meaning they could not work, receive healthcare and education and apply for housing and benefits.

The Independent Monitoring Authority (IMA), a body set up to oversee citizens’ rights, took legal action against the Home Office in December as it argued the government is breaching the withdrawal agreement it made with the EU.

On Wednesday, Lord Justice Lane ruled the scheme is unlawful.

The ruling will affect more than 2.4 million people who currently have pre-settled status, the IMA said.

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The Home Office is intending to appeal the decision and said the status of EU citizens remains the same while that is taking place.

No EU citizen is currently affected as the five years they will have had to be in the UK before having to reapply for settled status does not expire until August 2023.

Those already with settled status do not have to reapply anyway so are not affected.

Home Office minister Lord Murray said: “EU citizens are our friends and neighbours, and we take our obligations to securing their rights in the UK very seriously.

“The EU Settlement Scheme goes above and beyond our obligations under the Withdrawal Agreement, protecting EU citizens’ rights and giving them a route to settlement in the UK.

“We are disappointed by this judgment, which we intend to appeal.”

Dr Kathryn Chamberlain, IMA chief executive said: “I am pleased that the judge has recognised the significant impact this issue could have had on the lives and livelihoods of citizens with pre-settled status in the UK.

“When we brought this judicial review, our intention was to provide clarity for citizens with pre-settled status, of which there were over 2.4 million when we filed this case in December 2021.

This judgment that the current system is unlawful provides that clarity. We will now liaise with the Home Office on the next steps.”

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Two-phase public inquiry into Southport murders formally launched

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Two-phase public inquiry into Southport murders formally launched

A two-phase statutory public inquiry into the Southport murders has been formally launched.

Home Secretary Yvette Cooper said the first phase would look at the circumstances around Axel Rudakubana’s attack on a Taylor Swift-themed dance class last summer.

It will focus on issues around policing, the criminal justice system and the multiple agencies involved with the attacker who killed three girls – seven-year-old Elsie Stancombe, six-year-old Bebe King and Alice da Silva Aguiar, nine.

It follows the revelation Rudakubana had been referred to the government’s Prevent scheme on three occasions, with the cases being closed each time.

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Police officer in van that followed teens before Cardiff e-bike crash won’t face charges

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Police officer in van that followed teens before Cardiff e-bike crash won't face charges

A police officer who was driving a van that followed two teenagers shortly before they died in an e-bike crash will not be prosecuted.

The deaths of Harvey Evans, 15, and Kyrees Sullivan, 16, sparked riots in the Ely area of Cardiff in May 2023.

The officer was facing a dangerous driving allegation but prosecutors decided there was not enough evidence for a realistic prospect of conviction.

A Crown Prosecution Service (CPS) statement said: “We fully understand that this will be disappointing news for the families of both boys and will offer a meeting with them to explain our reasoning further.”

Rumours on social media that the teenagers were being pursued by police were initially denied.

South Wales Police said none of its vehicles were in Snowden Road at the time of the crash.

But police watchdog the Independent Office for Police Conduct (IOPC) later confirmed it was investigating after video appeared to show them being followed by a van – without blue lights or a siren – minutes before the incident.

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Other footage, however, showed the van turn off and it wasn’t following the boys at the time of the collision.

A key factor under consideration was whether there was any point at which the actions of the officers in the van “constituted a pursuit”.

CCTV show police van following bike moments before Ely crash
Image:
CCTV showed a police van following the bike moments before it crashed

Read more:
Timeline of events before fatal Cardiff crash

The driver and passenger of the marked police van were previously issued with gross misconduct notices.

A second investigation was also opened by the IOPC into issues including police management of the crash scene and treatment of the families.

The scene in Ely, Cardiff, following the riot that broke out after two teenagers died in a crash. Tensions reached breaking point after officers were called to the collision, in Snowden Road, Ely, at about 6pm on Monday. Officers faced what they called "large-scale disorder", with at least two cars torched as trouble involving scores of youths flared for hours. Picture date: Tuesday May 23, 2023.
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Riots broke out in the Ely area after the boys’ death. Pic: PA

Council workers secure the area immediately around a car that was set alight in Ely, Cardiff, following the riot that broke out after two teenagers died in a crash. Tensions reached breaking point after officers were called to the collision, in Snowden Road, Ely, at about 6pm on Monday. Officers faced what they called "large-scale disorder", with at least two cars torched as trouble involving scores of youths flared for hours. Picture date: Tuesday May 23, 2023.
Image:
Pic: PA

A riot of several hours broke out after the boys’ deaths, with cars set alight and fireworks and other missiles thrown at police.

Eleven officers needed hospital treatment and 31 people were eventually charged.

The decision not to charge the police officer driving the van can be challenged under the victims’ right of review scheme.

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Keiron Charles: Teenagers charged with murder after boy, 17, stabbed to death

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Keiron Charles: Teenagers charged with murder after boy, 17, stabbed to death

Two teenagers have been charged with murder after a 17-year-old boy was stabbed to death in west London on Saturday, police have said.

The suspects have not been named because they are both 16, the Metropolitan Police said.

Keiron Charles, 17, from East Acton, died in Erconwald Street, Shepherd’s Bush, after police were called at 1.10pm on Saturday.

Met officers and London Ambulance Service crews attended the scene near the junction with Du Cane Road and Old Oak Common Lane.

Paramedics tried to save the teenager, but he was pronounced dead at the scene.

Read more:
Family’s fears for violent son
Head teacher facing jail for attack

Detective Chief Inspector Alex Gammampila, who is leading the investigation, called it “an awful incident in which a teenager has lost his life”.

“The thoughts of everyone in the Met remain with Keiron’s family and loved ones as they begin to come to terms with their tragic loss,” the officer added.

The suspects are due to appear at Highbury Corner Youth Court on Monday.

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