
Countries / Territories
- π
Related contacts
Related offices
Related contacts
Related offices
Related contacts
Related offices
By: Gemma Hyslop
In the landmark case of R (on the application of Miller and another) (Respondents) v Secretary of State for Exiting the European Union (Appellant) the Supreme Court of the United Kingdom has ruled that the Government cannot unilaterally trigger Article 50 of the Treaty on the European Union to exit the European Union ("EU".) The decision must be debated before Parliament and legislation must be passed to effect this monumental change to the British legal landscape.
It is important to remember that the purpose of this case was never to challenge the legitimacy of the decision to withdraw from the EU but to confirm whether the authority to commence the process lies solely with the Government or Parliament as a whole.
The process to leave the EU is triggered by enacting Article 50. In taking their appeal to the highest court in the UK, the Government had asserted that its prerogative powers allowed it to engage Article 50 without the need to obtain prior parliamentary consent. The opposing parties contested this, arguing that Parliament must be consulted and the decision must be sanctioned by an Act of Parliament.
The Supreme Court also considered whether such consultation should be extended to the devolved Northern Irish, Scottish and Welsh authorities. This could potentially open a raft of issues if varying responses were received.
By a majority of 8 to 3, the Court dismissed the Governmentβs appeal, ruling that an Act of Parliament must be passed to authorise the UKβs departure from the European Union via the enactment of Article 50. The judges were unanimous in their ruling on the cases referred by the Northern Irish, Scottish and Welsh courts, holding that the Government is not legally obliged to consult with the devolved powers. This decision avoids the problematic situation which could have arisen if the devolved powers returned differing responses to the consultation.
The case centres on the interpretation of the European Communities Act 1972 (βthe ECAβ) which confirms and establishes the UKβs obligations under EU treaties. Despite the decision of the EU referendum in June 2016, the ECA remains in place and continues to act as an overriding source of domestic law.
The Court ruled that the authority of the ECA can only be removed by an Act of Parliament. Therefore, the ability to trigger Article 50 and withdraw from the EU and the authority of the ECA must rest with Parliament.
The need for prior parliamentary authority was underscored by the fact that withdrawal from the EU would affect existing domestic rights of UK residents. A decision affecting such rights must take the form of duly debated legislation.
The Prime Minister emphasised last week her commitment to a swift Brexit so a Bill giving effect to this judgement is likely to be tabled soon.
Countries / Territories
- π
Related contacts
Related offices
Related contacts
Related offices
Related contacts
Related offices
Explore more at Fragomen
Fragomen news
Fragomenβs "Immigration Guide for the UK Tech Sector" introduces visa options available for those working and recruiting in the tech sector.
Media mentions
Europe Managing Partner George Koureas highlights the growing role of immigration in shaping global business and managing strategic risks.
Blog post
Senior Associate Tayyaba Karim and Immigration Consultant Khadija Begum examine key UK immigration developments affecting the tech sector at the start of 2026, including higher sponsorship costs, new Skilled Worker English language requirements and emerging policy reforms shaping workforce planning.
Blog post
Assistant Business Immigration Manager Shirley Kock and Senior Business Immigration Consultant Eunice Leo examine why applying early for Singapore permanent residency can strengthen long-term outcomes for foreign professionals and their families amid increasing competition and evolving immigration policies.
Blog post
UK Government Affairs Strategy Director Shuyeb Muquit outlines key passport and documentation considerations for British and Irish dual nationals as the UKβs Electronic Travel Authorisation (ETA) scheme moves into full enforcement from 25 February 2026, warning that failure to carry proof of British or Irish citizenship may result in boarding delays or refusal.
Media mentions
Senior Manager GΓ©raldine RenaudiΓ¨re highlights how evolving policies and growing talent visa programs are shaping Franceβs immigration landscape.
Video
Senior Immigration Consultant Adriana Martinez Garro outlines the main visa and residency options available in Costa Rica, offering a practical overview for visitors, remote workers, retirees, investors and families exploring short- or long-term pathways.
Awards
Managing Partner Nadine Goldfoot and Senior Counsel David Crawford are recognized in Uglobal Immigration Magazineβs 2025 Top 25 Global Migration Attorneys list.
Media mentions
Partner Karolina Schiffter addresses the rise in Polish citizenship refusals and the impact of automated decision-making on individual cases.
Blog post
Manager Adam Hickling, Senior Associate Veronica Ciocea and Immigration Consultant Daisy Dale analyse the UK governmentβs A Fairer Pathway to Settlement consultation and its potential implications for the aviation sector, including proposed changes to Indefinite Leave to Remain, settlement timelines and dependant eligibility.
Media mentions
Partner Parisa Karaahmet discusses how recent US immigration policy changes, including potential impacts on the H-1B lottery, are shaping employer planning.
Fragomen news
Fragomenβs "Immigration Guide for the UK Tech Sector" introduces visa options available for those working and recruiting in the tech sector.
Media mentions
Europe Managing Partner George Koureas highlights the growing role of immigration in shaping global business and managing strategic risks.
Blog post
Senior Associate Tayyaba Karim and Immigration Consultant Khadija Begum examine key UK immigration developments affecting the tech sector at the start of 2026, including higher sponsorship costs, new Skilled Worker English language requirements and emerging policy reforms shaping workforce planning.
Blog post
Assistant Business Immigration Manager Shirley Kock and Senior Business Immigration Consultant Eunice Leo examine why applying early for Singapore permanent residency can strengthen long-term outcomes for foreign professionals and their families amid increasing competition and evolving immigration policies.
Blog post
UK Government Affairs Strategy Director Shuyeb Muquit outlines key passport and documentation considerations for British and Irish dual nationals as the UKβs Electronic Travel Authorisation (ETA) scheme moves into full enforcement from 25 February 2026, warning that failure to carry proof of British or Irish citizenship may result in boarding delays or refusal.
Media mentions
Senior Manager GΓ©raldine RenaudiΓ¨re highlights how evolving policies and growing talent visa programs are shaping Franceβs immigration landscape.
Video
Senior Immigration Consultant Adriana Martinez Garro outlines the main visa and residency options available in Costa Rica, offering a practical overview for visitors, remote workers, retirees, investors and families exploring short- or long-term pathways.
Awards
Managing Partner Nadine Goldfoot and Senior Counsel David Crawford are recognized in Uglobal Immigration Magazineβs 2025 Top 25 Global Migration Attorneys list.
Media mentions
Partner Karolina Schiffter addresses the rise in Polish citizenship refusals and the impact of automated decision-making on individual cases.
Blog post
Manager Adam Hickling, Senior Associate Veronica Ciocea and Immigration Consultant Daisy Dale analyse the UK governmentβs A Fairer Pathway to Settlement consultation and its potential implications for the aviation sector, including proposed changes to Indefinite Leave to Remain, settlement timelines and dependant eligibility.
Media mentions
Partner Parisa Karaahmet discusses how recent US immigration policy changes, including potential impacts on the H-1B lottery, are shaping employer planning.


