Using somebody else’s British passport, the applicant’s husband had masqueraded as a British citizen. The applicant had applied under section 6(2) of the 1981 Act for naturalisation as a British citizen on the ground that she was married to a British citizen and she had duly obtained a certificate of naturalisation.
Held: Although her husband was not a British citizen, the applicant’s citizenship existed until she was deprived of it under section 40 of the 1981 Act. Section 40 appied only to the person who was decsribed in the certificate of naturalisation. If he was not that the person then the certificate could grant him nothing.
Judges:
Stuart-Smith LJ
Citations:
Times 23-Jul-1993, [1994] QB 496
Statutes:
British Nationality Act 1981 6(2)
Jurisdiction:
England and Wales
Cited by:
Appeal from – Regina v Secretary of State for the Home Department Ex Parte Ejaz CA 7-Dec-1993
The question was whether the Secretary of State was entitled to treat a woman, who had obtained naturalisation as the wife of a British citizen, as an illegal entrant on the basis that her husband later turned out not in fact to be a British . .
Cited – 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 . .
Cited – Bibi and others v Entry Clearance Officer, Dhaka CA 18-Jul-2007
The deceased had come to live in the UK and obtain citizenship under somebody else’s identity. After his death his wife and children sought clearance to come to live here.
Held: Her appeal failed. The residence of her late husband was . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 26 May 2022; Ref: scu.87740