The cause:

EU citizens lawfully residing in this country did not have a vote in the referendum. Like many EU nationals (and indeed British citizens) I am genuinely concerned about our future in this country following the UK’s decision to leave the EU and the fact that the government has been unable to offer any binding certainty in this respect. This only adds to the anxiety of many EU citizens at the moment, which is all the greater in a climate when it seems that xenophobia is on the rise.

The challenge I seek to bring would mean that the exit process (unlike the referendum itself) would have to involve the voices, concerns and interests of all people who lawfully reside in the UK. This includes EU citizens (but also 16 and 17 year old British citizens) who did not have a say about their future.

The challenge will therefore mean that our voices will finally have to be heard! #EUjustice

The legal case:

With the expert assistance of No5 Chambers (barristers) I aim to bring a legal challenge which will require the UK government to follow the UK’s constitutional requirements when triggering Article 50 of the Lisbon Treaty. This is what the article itself requires.

For the UK this will mean that the government will be required to properly involve Parliament and pass appropriate primary legislation. It will also mean that the parliaments of Scotland, Wales and Northern Ireland (where a great many EU nationals also live) will have to be formally consulted. This will, in turn, mean that MPs will have to consult their constituencies i.e. all people lawfully residing in their area whether British, European or under 18s, so that the voices of all those who will be directly affected by Brexit can be heard. It is particularly important that the distinct interests of EU nationals are represented.

Playing your part

This is a very complex and unprecedented challenge and I need to take expert legal advice on how best to incorporate the interests of EU citizens, who were disenfranchised by the referendum. We have made our lives here, we pay tax here and contribute to society, and yet we are left entirely voiceless and are likely to become a bargaining chip in a decision that will potentially do irreparable damage to our lives and the lives of our families. If you are a European living in the UK or if you're not, but think we deserve a voice in this decision, please support this cause. As you can imagine there are considerable financial risks in taking on the government in a case like this. I cannot do this alone, which is why I am asking you to help. Together we have a voice which cannot be ignored. Join me!

About the claimant

My name is Agata Dmoch, I am Polish and have lived and worked in the UK since 2004. I am a solicitor and an MBA student about to graduate this summer. I have spent all of my adult life here, as an active member of society and the Polish diaspora. Like a great many EU residents, I reside here lawfully, pay tax and seek to make a positive contribution to the community. This is my home. I am also a board member of United Poles, an organisation which aims to represent the interests of the Polish diaspora in the UK. These interests are naturally aligned to those of other EU citizens.  

Fast facts

• The future and the rights of EU nationals in the UK post Brexit
• Bringing a judicial review to prevent the Government triggering Article 50 without parliamentary approval
• I am represented by Mr James Dixon, No 5 Chambers and team