Ben is an Italian national living in the UK. He moved to the UK before the beginning of the transition period and was granted pre-settled status. Ben went back to Italy to tend to his sick mother and stayed for 7 months. Upon his return, he was informed that his status was revoked as he stayed outside of the country for more than 6 months. Ben argues that his freedom of movement under EU law was violated and claims that he was also discriminated against based on his nationality as his friend who is French and stayed abroad for 8 months for vocational training, did not have his status revoked.
Ben has now been ordered to leave the country. Ben is now seeking legal advice concerning his position as well as the enforceability of his claims. He does not understand what has changed since Brexit as he does not have legal training, but he would like to know whether he can enforce his rights in UK courts under the new UK-EU legal regime and if so, how.
In the meantime, Ben’s friend, Maria, an activist who works for a well-known NGO, has been preparing a campaign to support people’s rights and spread awareness among the local community. She is looking to prepare a series of videos on understanding how the human rights regime in the UK has changed since Brexit. Ben referred you to Maria who has now asked you for expert advice.
You are asked to:
Advise Ben. Additionally, how would your answer differ if this happened during the transition period? 50 marks.
Provide Maria with an explanation of the changes to the UK legal system and the applicability of EU law post-Brexit. What effect could all those changes have on the human rights regime in the UK? 50 marks.
Submit your saved document below before the end of Unit 9.
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