Mr Shindler lost his claim before the European Court of Human Rights in 2013, but this week he is reviving his application before the High Court in relation to the 2015 EU Referendum Act.
The EU Referendum Act 2015 is said to be based on legislation for UK parliamentary general elections. However, it gives a right to vote in the EU referendum to members of the House of Lords, as well as to Irish and Commonwealth citizens who are resident in Gibraltar. None of them are allowed to vote in UK general elections.
It is contended on behalf of Mr Shindler that the people arbitrarily excluded under the 2015 Act are UK citizens who are among those most likely to be affected by the decision taken by voters in this referendum. Therefore, not to allow them to vote on the decision whether the UK remains part of the EU is unlawful.
More than 2 million Britons resident abroad and barred from voting in the EU referendum could benefit from a legal challenge launched against the restriction. Lawyers on behalf of a 94-year-old expatriate who lives in Porto d’Ascoli in Italy will lodge a claim in the high court on Wednesday that could upset preparations for the 23 June vote on whether to leave the EU. Harry Shindler, a second world war veteran, has previously petitioned the European court of human rights (ECHR) in Strasbourg, arguing that the electoral rule denying a vote in the EU referendum to those who have lived overseas for more than 15 years is illegal.