Search Results for: British Nationality Act 1948

Click the case name for better results:

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Regina v Secretary of State for the Home Department ex parte Parvaz Akhtar: CA 1981

The applicant appealed refusal of a writ of habeas corpus. He was to be removed as an illegal immigrant. He had entered claiming to be registered as a British citizen but under somebody else’s identity. Held: The Secretary of State had had no power or intention to register X or any Y other than an … Continue reading Regina v Secretary of State for the Home Department ex parte Parvaz Akhtar: CA 1981

Secretary of State for the Home Department v Hicks: CA 12 Apr 2006

The claimant was held as a suspected terrorist by the US government in Guantanamo Bay. He had Australian citizenship but qualified also for British citizenship. He had sought that citizenship and protection. The secretary of state appealed an order recognising his citizenship as of right, relying upon a provision allowing him to deprive someone of … Continue reading Secretary of State for the Home Department v Hicks: CA 12 Apr 2006

Ponnusamy and Others v Secretary of State for Foreign and Commonwealth Affairs: QBD 30 Mar 2015

Application made by the defendant Secretary of State to strike out the Particulars of Claim (POC) and enter judgment for the Defendant pursuant to CPR 3(4) because they disclose no reasonable grounds for bringing the claim. The claim was that: ‘ that the interests of the Indian (mainly Tamil speaking) population of Malaysia were ignored … Continue reading Ponnusamy and Others v Secretary of State for Foreign and Commonwealth Affairs: QBD 30 Mar 2015

Matthews, Regina (on The Application of) v Secretary of State for The Home Department: Admn 1 Aug 2018

Application for judicial review of the decision of the Secretary of State to refuse to issue the Claimant a passport on the basis that she was not satisfied that the Claimant is a British citizen. Judges: David Elvin QC Citations: [2018] EWHC 2026 (Admin) Links: Bailii Statutes: British Nationality Act 1948 Jurisdiction: England and Wales … Continue reading Matthews, Regina (on The Application of) v Secretary of State for The Home Department: Admn 1 Aug 2018

Regina v Secretary of State for the Home Department, Ex parte Margueritte: CA 1982

The applicant first arrived from Mauritius in 1972, and was given limited leave to enter for a few months. He over-stayed until June 1974 when he paid a short visit to France. On return he was given one month’s leave to enter, but again overstayed. In 1978 he married a woman who was settled here … Continue reading Regina v Secretary of State for the Home Department, Ex parte Margueritte: CA 1982

Puttick v Attorney General etc: FD 1980

P, a former member of the Baader-Meinhof gang absconded while awaiting trial in Germany. She entered the UK using a passport which she had bought in the name of S, and married P under that name. The German authorities discovered her true identity and location, and applied to extradite her. She applied under section 6 … Continue reading Puttick v Attorney General etc: FD 1980

Hysaj and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 21 Dec 2017

The court was asked whether the misrepresentations made by the appellants in their applications for United Kingdom citizenship made the grant of that citizenship a nullity, rather than rendering them liable to be deprived of that citizenship under sections 40 and 40A of the British Nationality Act 1981. The respondent had now asked that the … Continue reading Hysaj and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 21 Dec 2017

Michalak v General Medical Council and Others: SC 1 Nov 2017

Dr M had successfully challenged her dismissal and recovered damages for unfair dismissal and race discrimination. In the interim, Her employer HA had reported the dismissal to the respondent who continued their proceedings despite the decision in her favour. The GMC now said that the availability of judicial review excluded her right to commence proceedings … Continue reading Michalak v General Medical Council and Others: SC 1 Nov 2017

Youssef v Secretary of State for Foreign and Commonwealth Affairs: SC 27 Jan 2016

An Egyptian national, had lived here since 1994. He challenged a decision by the Secretary of State,as a member of the committee of the United Nations Security Council, known as the Resolution 1267 Committee or Sanctions Committee. The committee maintained a list of persons and entities subject to the asset freeze imposed on persons ‘associated … Continue reading Youssef v Secretary of State for Foreign and Commonwealth Affairs: SC 27 Jan 2016

Hicks, Regina (on the Application of) v Secretary of State for the Home Department: Admn 13 Dec 2005

The claimant, an Australian, presently held by the US as a suspected terrorist in Guantanamo Bay sought to be registered as a British Citizen, saying he was entitled to registration as of right. Held: The past behaviour of an applicant was not to be allowed to put a citizenship claim at risk. The Secretary of … Continue reading Hicks, Regina (on the Application of) v Secretary of State for the Home Department: Admn 13 Dec 2005

Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence: CA 21 Dec 2005

The claimants were dependants of Iraqi nationals killed in Iraq. Held: The Military Police were operating when Britain was an occupying power. The question in each case was whether the Human Rights Act applied to the acts of the defendant. The question amounted to whether the officers acted under State Agent Authority within the convention … Continue reading Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence: CA 21 Dec 2005

Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017

Parliament’s Approval if statute rights affected In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying that the notice could be given under the … Continue reading Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017

Regina v Waltham Forest, Ex parte Vale: 11 Feb 1985

The court had to decide what was the ordinary reference under the 1948 of an adult without capacity. V had been in residential care in Ireland for over 20 years, but having left there had been with her mother for two weeks. The parties argued the case using the test in Shah. Held: The court … Continue reading Regina v Waltham Forest, Ex parte Vale: 11 Feb 1985

In re McKerr (Northern Ireland): HL 11 Mar 2004

The deceased had been shot by soldiers of the British Army whilst in a car in Northern Ireland. The car was alleged to have ‘run’ a checkpoint. The claimants said the investigation, now 20 years ago, had been inadequate. The claim was brought under human rights law, but predated by many years the incorporation of … Continue reading In re McKerr (Northern Ireland): HL 11 Mar 2004

Cornwall Council, Regina (on The Application of) v Secretary of State for Health and Somerset County Council: SC 8 Jul 2015

PH had severe physical and learning disabilities and was without speech, lacking capacity to decide for himself where to live. Since the age of four he received accommodation and support at public expense. Until his majority in December 2004, he was living with foster parents in South Gloucestershire. He then lived in two care homes … Continue reading Cornwall Council, Regina (on The Application of) v Secretary of State for Health and Somerset County Council: SC 8 Jul 2015

Secretary of State for The Home Department v Al-Jedda: SC 9 Oct 2013

The claimant had obtained British citizenship, but had had it removed by the appellant by an order under the 1981 Act after he came to be suspected of terrorist involvement. He had appealed against the order, eventually succeeding on the basis that he had, by virtue of the order, been made stateless. The Secretary of … Continue reading Secretary of State for The Home Department v Al-Jedda: SC 9 Oct 2013

Parochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank and another: HL 26 Jun 2003

Parish Councils are Hybrid Public Authorities The owners of glebe land were called upon as lay rectors to contribute to the cost of repairs to the local church. They argued that the claim was unlawful by section 6 of the 1998 Act as an act by a public authority incompatible with a Convention right. Held: … Continue reading Parochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank and another: HL 26 Jun 2003

The Advocate General for Scotland v Romein: SC 8 Feb 2018

Paradoxical Inhertiance of Nationality Rights Whether transmission of British citizenship through the female line allowed from 1983 was retrospective: ‘With effect from 1 January 1983, the restriction to descent in the male line was abrogated by legislation for those born after that date, and 20 years later in 2003 the legislation was retrospectively amended so … Continue reading The Advocate General for Scotland v Romein: SC 8 Feb 2018