Each of the three applicamts having been found to have lied in order to obtain British Nationality, now appealed against a decision that they were not in fact Britsh citizens. Judges: Kitchin, Floyd, Sales LJJ Citations: [2015] EWCA Civ 1195, [2015] WLR(D) 482, [2016] 1 WLR 673 Links: Bailii, WLRD Statutes: Immigration Act 1971 1(2) … Continue reading Hysaj and Others, Regina (On The Application of) v Secretary of State for The Home Department: CA 26 Nov 2015
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
The appellant was vietnamese by birth, but had later been granted British Citizenship. The Secretary of State came to seek to deprive him of that citizenship on conducive grounds for reasons of national security, and his deportation to Vietnam. The appellant appealed saying that the notice would leave him stateless. Held: If the result of … Continue reading B2 v Secretary of State for The Home Department (Deportation – Preliminary Issue – Allowed): SIAC 26 Jul 2012
The nature of the Secretary of State’s objections and a chance to reply are to be given if the Secretary intends to deny an application for naturalisation. Administrative convenience cannot justify unfairness. The court deprecated ‘fishing expeditons’ by those seeking a judicial review.Woolf LJ MR said: ‘on an application for judicial review there is usually … Continue reading Regina v Secretary of State for Home Department ex parte Fayed: CA 13 Nov 1996
The applicant had dual Iraqi and British nationality. He was detained by British Forces in Iraq under suspicion of terrorism, and interned. Held: His appeal failed. The UN resolution took priority over the European Convention on Human Rights where there was a conflict between them. ‘If the Security Council, acting under Chapter VII, consider that … Continue reading Al-Jedda v Secretary of State for Defence: CA 29 Mar 2006
Anonymised Party to Proceedings The BBC challenged an order made by the Court of Session in judicial review proceedings, permitting the applicant review to delete his name and address and substituting letters of the alphabet, in the exercise (or, as the BBC argues, purported exercise) of a common law power. The court also gave directions … Continue reading A v British Broadcasting Corporation (Scotland): SC 8 May 2014
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
Whether Regulation 10(4) of the British Nationality (General) Regulations 2003 (the ‘2003 Regulations’) is ultra vires. Regulation 10(4) permits the Home Secretary to serve notice of a decision to deprive a person of their citizenship under section 40 of the British Nationality Act 1981 (the ‘1981 Act’) by placing a copy of that notice on … Continue reading D4, Regina (on The Application of) (Notice of Deprivation of Citizenship) v Secretary of State for The Home Department: CA 26 Jan 2022
A British national had been captured in Afghanistan, and was being held without remedy by US forces. His family sought an order requiring the respondent to take greater steps to secure his release or provide other assistance. Held: Such an order would question the legitimacy of the actions of a foreign sovereign state, and to … Continue reading Regina (on the application of Abassi and Another) v Secretary of State for Foreign and Commonwealth Affairs and Another: CA 6 Nov 2002
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
Deprivation of Citizenship – Substantive – Dismissed Judges: Keith J (Ch), Jordan SIJ Citations: [2010] UKSIAC 66/2008 Links: Bailii Jurisdiction: England and Wales Citing: At CA (1) – Al-Jedda v Secretary of State for Defence CA 29-Mar-2006 The applicant had dual Iraqi and British nationality. He was detained by British Forces in Iraq under suspicion … Continue reading Hilal Al-Jedda v Secretary of State for The Home Department: SIAC 26 Nov 2010
When considering whether the Human Rights of a citizen had been infringed, the doctrine of proportionality was not to be extended to extend in turn such rights. At present the doctrine is part of European law, but not part of domestic English administrative law, and could not be called in aid to support an application … Continue reading Regina v Secretary of State for the Home Department, Ex Parte Al-Fayed: QBD 16 Nov 1999
The child was born in Sierra Leone. Her mother died, and her aunt had adopted her in Sierra Leone in 1991. She came to England where a further adoption order was obtained only a few days short of her eighteenth birthday when the court made an order for his adoption. The result was to confer … Continue reading In Re K (A Minor) (Adoption Order: Nationality): CA 22 Apr 1994
The Belfast (or Good Friday) Agreement did not amend the law of British citizenship, as contained in the British Nationality Act 1981 Citations: [2019] UKUT 355 (IAC) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 01 February 2022; Ref: scu.644460
(i) An EEA national exercising Treaty rights in the United Kingdom is not ‘settled’ within the compass of section 1(1) of the British Nationality Act 1981 since such person’s lawful residence is conditional upon remaining economically active: Gal affirmed. (ii) The statutory phrase ‘the immigration laws’ does not encompass the EU rules on free movement: … Continue reading Capparrelli (Eea Nationals – British Nationality : Italy): UTIAC 20 Jan 2017
UTIAC (1) As held in Deliallisi (British citizen: deprivation appeal: scope) [2013] UKUT 439 (IAC), in an appeal under section 40A of the British Nationality Act 1981 the Tribunal is required to determine the reasonably foreseeable consequences of deprivation. (2) Whilst the Tribunal considering a section 40A appeal cannot pre-judge the outcome of any future … Continue reading AB (British Citizenship: Deprivation; Deliallisi Considered) Nigeria: UTIAC 28 Sep 2016
Whilst s.65 of the Immigration Act 2014, which came into force on 6 April 2015 inserts new provisions into the British Nationality Act 1981 for persons born before 1 July 2006 that create a registration route for those who would currently have an entitlement to registration under the British Nationality 1981 Act but for the … Continue reading Oladeji (S3 Bna 1981): UTIAC 21 May 2015
UTIAC (1) An appeal under section 40A of the British Nationality Act 1981 against a decision to deprive a person of British citizenship requires the Tribunal to consider whether the Secretary of State’s discretionary decision to deprive should be exercised differently. This will involve (but not be limited to) ECHR Article 8 issues, as well … Continue reading Deliallisi (British Citizen: Deprivation Appeal: Scope) Albania: UTIAC 30 Aug 2013
Return To UK to fight Citizenship Withdrawal The appellant had, as a 15 year old, left to go to Iraq to be the ISIL terrorist group. She married an ISIL fighter and they had three children, the last one dying. Her citizenship of the UK had been withdrawn by the respondent leaving an entitlement to … Continue reading Begum v Special Immigration Appeals Commission and Others: CA 16 Jul 2020
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 petitioner had applied for registration as a British citizen pursuant to section 4C of the British Nationality Act 1981, as amended by the Citizenship and Immigration Act 2009. The respondent, the Secretary of State for the Home Department . .
The three appellants were deprived of their nationality when they were in Pakistan where they had been since 2009. One of their arguments before SIAC was that they had not been allowed to return to the UK to take part in their appeals. SIAC decided . .
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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
The Claimant applied for judicial review of the Defendant’s decision to refuse his application for naturalisation as a British citizen, and subsequently confirmed on review. The reason for refusal was that the Defendant was not satisfied that he met the ‘good character’ requirement for naturalisation because of his conviction for a speeding offence which would … Continue reading Hiri v Secretary of State for The Home Department: Admn 18 Feb 2014
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 … Continue reading Regina v Secretary of State for Home Department ex parte Naheed Ejaz: QBD 23 Jul 1993
Refusal of the respondent to grant an application by Mr Amin for naturalisation as a British citizen. Judges: Lord Justice Coulson Lady Justice Carr And Lord Justice Lewis Citations: [2022] EWCA Civ 439 Links: Bailii Statutes: British Nationality Act 1981 6(1) Jurisdiction: England and Wales Immigration Updated: 19 April 2022; Ref: scu.675499
The fact that a claimant had acquired British citizenship in one way did not take away his right in addition to apply for naturalisation arising from his rights by descent. The latter process would create additional rights for his own children, and he had the right to apply. There was nothing in the legislation to … Continue reading Regina v Secretary of State for the Home Department, Ex Parte Ullah: QBD 17 Oct 2000
Challenge to refusal of application fro British Citizenship. Judges: Charles George QC HHJ Citations: [2013] EWHC 4871 (Admin) Links: Bailii Statutes: British Nationality Act 1981 6(1) Jurisdiction: England and Wales Immigration Updated: 26 March 2022; Ref: scu.584692
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
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 citizen. Held: The Secretary was not entitled to treat her … Continue reading Regina v Secretary of State for the Home Department Ex Parte Ejaz: CA 7 Dec 1993
1. The starting point in any consideration undertaken by the Secretary of State (‘the respondent’) as to whether to deprive a person of British citizenship must be made by reference to the rules and policy in force at the time the decision is made. Rule of law values indicate that the respondent is entitled to … Continue reading Hysaj (Deprivation of Citizenship:Delay) Albania: UTIAC 19 Mar 2020
The claimant, born in Belfast and of dual Irish and British citizenship sought to reject her British citizenship. Judges: Mccloskey LJ , Horner LJ and Colton J Citations: [2022] NICA 56 Links: Bailii Statutes: British Nationality Act 1981 Jurisdiction: Northern Ireland Administrative Updated: 17 November 2022; Ref: scu.682818
The complainant has requested statistics relating to deprivation of British nationality pursuant to section 40(2) of the British Nationality Act 1981 (‘BNA’) from the Home Office. The Home Office refused to provide the requested information citing sections 22 (Information intended for future publication), 36(2)(c) (Prejudice to effective conduct of public affairs), 40(2) (Personal information) and … Continue reading Home Office (Central Government): ICO 23 Aug 2021
Challenge to refusal of the claimant’s application for registration as a British citizen under section 4B of the British Nationality Act 1981. Judges: Mr Justice Singh Citations: [2012] EWHC 1841 (Admin) Links: Bailii Statutes: British Nationality Act 1981 4B Jurisdiction: England and Wales Immigration Updated: 19 October 2022; Ref: scu.462296
The appellant had been deprived of his British Citizenship by an order of the respondent under the 1981 Act. That had meant that he was unable to return to the UK. He now appealed against refusal of his challenge to the order. Judges: Richards, Stanley Burnton, Gross LJJ Citations: [2012] EWCA Civ 358 Links: Bailii … Continue reading Al-Jedda v Secretary of State for The Home Department: CA 29 Mar 2012
UTIAC (i) The following rulings made by the First-tier Tribunal on the nature and scope of an appeal against the deprival of citizenship under s.40 of the British Nationality Act 1981 were not challenged by either party before the Upper Tribunal:(a) The Tribunal has a wide-ranging power to consider, by way of appeal not a … Continue reading Arusha and Demushi (Deprivation of Citizenship – Delay) Albania: UTIAC 13 Mar 2012
The secretary appealed against a decision quashing her refusal of a grant of citizenship to the respondent on the grounuds that she was not satisfied as to the respondent’s good character. He had been an active member of the Tamil Tigers who had been found responsible for the murder of prisoners or war and had … Continue reading Secretary of State for The Home Department v SK (Sri Lanka): CA 19 Jan 2012
Grand Chamber – The international measure relied on by the respondent state had to be interpreted in a manner that minimised the extent to which arbitrary detention was sanctioned or required. The court described its role in settling awards of compensation under the Convention: ‘The court recalls that it is not its role under article … Continue reading Al-Jedda v United Kingdom: ECHR 7 Jul 2011
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political persecution. The defendants now appealed from rejection of the defendants’ claim to state immunity and … Continue reading Belhaj and Another v Straw and Others: SC 17 Jan 2017
Al Jedda, who had both Iraqi and British nationality, sought damages for unlawful imprisonment by reason of his detention by British forces in a military detention centre in Iraq. Judges: Arden LJ, Sir John Dyson, Elias LJ Citations: [2010] EWCA Civ 758, [2011] 2 WLR 225, [2011] QB 773 Links: Bailii Jurisdiction: England and Wales … Continue reading Al-Jedda v Secretary of State for Defence: CA 8 Jul 2010
The claimant appealed against a decision withdrawing his British citizenship, saying that this would leave him stateless. Judges: Mummery, Maurice Kay, Hooper LJJ Citations: [2010] EWCA Civ 212 Links: Bailii Statutes: British Nationality Act 1981 40(4) Jurisdiction: England and Wales Citing: At CA (1) – Al-Jedda v Secretary of State for Defence CA 29-Mar-2006 The … Continue reading Al-Jedda v Secretary of State for The Home Department: CA 12 Mar 2010
Defendants were to face trial in the US, accused of monstrous crimes. The appellant challenged the release of information to the USA by the respondent to support such prosecutions when the death penalty was a possible outcome of a conviction: ‘The issue in this case is the legality of the Government’s decision to provide mutual … Continue reading Elgizouli v Secretary of State for The Home Department: SC 25 Mar 2020
The court was asked: ‘whether the Secretary of State was precluded under the British Nationality Act 1981 from making an order depriving the appellant of British citizenship because to do so would render him stateless. This turns on whether (within the meaning of article 1(1) of the 1954 Convention relating to the Status of Stateless … Continue reading Pham v Secretary of State for The Home Department: SC 25 Mar 2015
The Court considered the procedures when a prisoner is kept in solitary confinement, otherwise described as ‘segregation’ or ‘removal from association’, and principally whether decisions to keep the appellants in segregation for substantial periods were taken lawfully. Held: The segregation was not authorised by the applicable legislation: ‘rule 45 . . (1) enables the governor … Continue reading Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015
The appellant challenged an order made under the 1981 Act revoking his British citizenship, saying that it infringed his article 8 rights to family life. Judges: Mitting J Ch, Lane SIJ Citations: [2009] UKSIAC 66/2008 Links: Bailii Statutes: European Convention on Human Rights 8, British Nationality Act 1981 40 Citing: See Also – Al-Jedda, Regina … Continue reading Al-Jedda v Secretary of State for the Home Department: SIAC 7 Apr 2009
Mrs. Nessa arrived at Heathrow aged 55 having lived all her life in Bangladesh. Her husband, Mr. Mobarak Ali, had lived in the United Kingdom from 1962 until he died in 1975 and when she arrived here, Mrs. Nessa had a right of abode. She hoped to live with her husband’s brother. Her three children, … Continue reading Nessa v Chief Adjudication Officer: HL 3 Nov 1999
The Court was asked whether or not the procedural protections afforded by Article 6(1) ECHRR as identified by the House of Lords in Secretary of State for the Home Department v MB [2007] UKHL 46 [2008] 1 AC 440 apply to the Appellant’s appeal against the decision of the Secretary of State to deprive him … Continue reading Al-Jedda v Secretary of State for the Home Department: SIAC 22 Oct 2008
The appellant had been granted british citizenship. He now appealed against a an order under section 40(2) of the 1981 Act depriving him of his British citizenship on the ground that the respondent was satisfied that deprivation was conducive to the public good. Judges: Mitting J Ch, Lane SIJ Citations: [2008] UKSIAC 66/2008 Links: Bailii … Continue reading Al-Jedda v Secretary of State for the Home Department: SIAC 23 May 2008
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
Admissibility. The arbitrary denial of citizenship may violate the right to respect for private life under Article 8. The Convention did not guarantee the right to acquire a particular nationality. Nevertheless, it did ‘not exclude that an arbitrary denial of citizenship might in certain circumstances raise an issue under article 8 of the Convention because … Continue reading Karassev v Finland: ECHR 12 Jan 1999
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
The appellant sought to enforce a international arbitration award against the respondent. The award was made under an arrangement which later became unlawful on Romania’s accession to the EU, and Romania obtained s stay pending resolution by the CJEU. Held: The stay was lifted. Judges: Lady Hale, Lord Reed, Lord Hodge, Lord Lloyd-Jones, Lord Sales … Continue reading Micula and Others v Romania: SC 19 Feb 2020
The court was asked whether the Claimant’s proposed deportation to Jamaica, following his conviction and imprisonment for a very serious criminal offence, involves a violation of article 14 in conjunction with article 8 of the European Convention on Human Rights (‘ECHR’), contrary to the Human Rights Act 1998 (‘the Human Rights Act’). The discrimination is … Continue reading Johnson, Regina (on The Application of) v The Secretary of State for The Home Department: Admn 17 Jul 2014
lSIAC Deprivation of Citizenship : Preliminary Issue Judges: Flaux J, Ward UTJ, Sir Stewart Eldon Citations: [2014] UKSIAC SC – 66 – 2008 Links: Bailii Statutes: British Nationality Act 1981 Jurisdiction: England and Wales Citing: See Also – Al-Jedda, Regina (on the Application of) v Secretary of State for Defence Admn 12-Aug-2005 The claimant was … Continue reading Hilal Al-Jedda: SIAC 18 Jul 2014
Order Judges: Irwin J Citations: [2014] UKSIAC 66/2008 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Al-Jedda, Regina (on the Application of) v Secretary of State for Defence Admn 12-Aug-2005 The claimant was born an Iraqi, but had been granted British Nationality. He was later detained in Iraq suspected of membership of a … Continue reading Al-Jedda v Secretary of State for The Home Department (Deprivation of Citizenship Directions – Oral Ruling ): SIAC 7 Feb 2014
The claimant, an Iraqi and British national complained of his arrest and internment on suspicion of terrorist involvement. Citations: 27021/08, [2009) ECHR 408 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Al-Jedda, Regina (on the Application of) v Secretary of State for Defence Admn 12-Aug-2005 The claimant was … Continue reading Al-Jedda v The United Kingdom: ECHR 2 Mar 2009
The applicant was a British citizen by descent. He sought to be naturalised to acquire the additional rights that would bring. The Act created one unitary status of citizen, but allowed for different categories. The Act did not provide any mechanism whereby a citizen by one category, that of descent could become a citizen by … Continue reading Secretary of State for The Home Department v Azad Ullah: CA 10 May 2001
The claimant was born an Iraqi, but had been granted British Nationality. He was later detained in Iraq suspected of membership of a terrorist group. No charges were brought, and he complained that his article 5 rights were infringed. The defendant argued that UN resolution 1546 requiring it to maintain order in Iraq displaced the … Continue reading Al-Jedda, Regina (on the Application of) v Secretary of State for Defence: Admn 12 Aug 2005
The court was asked as to the extent of the power of the IAT and Court of Appeal to reconsider a decision which it later appeared was based upon an error of fact, and the extent to which new evidence to demonstrate such an error could be admitted. Held: The view that appeals were restricted … Continue reading E v Secretary of State for the Home Department etc: CA 2 Feb 2004
The claimant, an Iraqi/British national complained of his detention in Iraq by the defendant without any due process. Judges: Underhill J Citations: [2009] EWHC 397 (QB) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Al-Jedda, Regina (on the Application of) v Secretary of State for Defence Admn 12-Aug-2005 The claimant was born an … Continue reading Al-Jedda v Secretary of State for Defence: QBD 5 Mar 2009
(United States Supreme Court)Warren CJ (dissenting) described a right to nationality as ‘man’s basic right for it is nothing less than the right to have rights’. Judges: Frankfurter J, Warren CJ Citations: [1958] USSC 56, 356 US 44, 78 SCt 568, 2 LEd2d 603 Links: Worldlii Cited by: Cited – Secretary of State for The … Continue reading Perez v Brownell: 31 Mar 1958
Appeal from refusal of application for registration as British citizens Judges: Mrs Justice Andrews DBE Citations: [2019] EWHC 204 (Admin) Links: Bailii Statutes: British Nationality Act 1981 Jurisdiction: England and Wales Immigration Updated: 27 April 2022; Ref: scu.633413
Whether the claimant child was the child of a father with British Nationality. Citations: [2018] EWHC 1834 (Admin) Links: Bailii Statutes: British Nationality Act 1981 Jurisdiction: England and Wales Children, Immigration Updated: 25 April 2022; Ref: scu.620647
(1) In an appeal under section 40A of the British Nationality Act 1981, the Tribunal must first establish whether the relevant condition precedent in section 40(2) or (3) exists for the exercise of the Secretary of State’s discretion to deprive a person (P) of British citizenship. (2) In a section 40(2) case, the fact that … Continue reading BA (Deprivation of Citizenship: Appeals) Ghana: UTIAC 24 Jan 2018
The claimants sought damages alleging torture by the respondent whilst held in custody in Saudi Arabia. Held: Although the state enjoyed freedom from action, where the acts were ones of torture, and action could proceed against state officials involved personally. The court had been correct to reject the claim against the state. Despite other developments, … Continue reading Jones v Ministry of Interior Al-Mamlaka Al-Arabiya As Saudiya Kingdom of Saudi Arabia) and Another: CA 28 Oct 2004
The applicant had a British Passport, but had a British overseas citizen without a right of residence. Temporary leave to stay was renewed but eventually terminated. She claimed to be a citizen and therefore under European law entitled to freedom of movement within the EU. When the UK became a member of the EU it … Continue reading Regina v Secretary of State for the Home Department Ex Parte Kaur (Justice, Intervener) Case C-192/99: ECJ 8 Mar 2001
Judges: CMG Ockleton VP UT Citations: [2017] EWHC 1365 (Admin) Links: Bailii Statutes: British Nationality Act 1981 Sch2 Jurisdiction: England and Wales Immigration Updated: 27 March 2022; Ref: scu.588886
Can the Secretary of State lawfully make the exercise of a child’s right to be registered as a British citizen conditional on their payment of pounds 1,012? The Appellants argued that, as the fee is unaffordable for a significant number of children, and so makes their statutory right to be registered as British citizens meaningless … Continue reading O (A Minor), Regina (on The Application of v Secretary of State for The Home Department: SC 2 Feb 2022
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious faiths. Held: A distinction was to be made between domestic cases involving actions within … Continue reading Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004
Whether statutory instrument used to deprive claimant of citizenship was ultra vires. Chamberlain J [2021] EWHC 2179 (Admin), [2021] WLR(D) 433 Bailii, WLRD British Nationality Act 1981 40(2)(5) 41(1), British Nationality (General) Regulations 2003 10(4), British Nationality (General) (Amendment) Regulations 2018 3 England and Wales Immigration, Administrative Updated: 12 January 2022; Ref: scu.666441
The claimants objected to orders made freezing their assets under the 2006 Order, after being included in the Consolidated List of suspected members of terrorist organisations. Held: The orders could not stand. Such orders were made by the executive without parliamentary scrutiny by the use of Orders in Council. Statutory provision for counter-terrorism was in … Continue reading HM Treasury v Ahmed and Others: SC 27 Jan 2010
The applicants were suspected of terrorist associations. Their bank accounts and similar had been frozen. They challenged the Order in Council under which the orders had been made without an opportunity for parliamentary challenge or approval. Held: The Orders must be set aside. ‘It is I think obvious that this procedure does not begin to … Continue reading A, K, M, Q and G v HM Treasury: Admn 24 Apr 2008
(i) The Secretary of State has two separate powers of deprivation, exercisable on different grounds, as set out in sub-ss (2) and (3) of s 40 of the British Nationality Act 1981. (ii) The power under s 40(2) arises only if the Secretary of State is satisfied that deprivation is conducive to the public good. … Continue reading Pirzada (Deprivation of Citizenship: General Principles : Afghanistan): UTIAC 20 Apr 2017
The defendant appealed against an order for his extradition to the USA to face extra-territorial terrorist charges. Held: The court dismissed the appeal: ‘whether the appellant is a British citizen or not makes no difference to his relevant Article 6 rights. Our reasons are as follows: the ECtHR has stated many times that a decision … Continue reading Pham v The United States of America: Admn 12 Dec 2014
The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to hear the appeal. Held: The appeal was dismissed. The treaty was intended to encourage bilateral trading … Continue reading Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005
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
The claimant was a British Overseas Citizen, but without a right of abode here. He had renounced his Malaysian citizenship, and on being returned there, had been refused entry and returned to the UK. Timothy Brennan QC [2013] EWHC 3881 (Admin) Bailii British Nationality Act 1981 4B Immigration Updated: 26 November 2021; Ref: scu.518791
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
(First Division, Inner House) The reclaimer challenged dismissal of her claim for review of the recent decision for the prorogation of the Parliament at Westminster. Held: Reclaim was granted. The absence of reasons allowed the court to infer that the reason for the prorogation was unlawful.‘It was the role of the courts to protect Parliament. … Continue reading Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General: SCS 11 Sep 2019
The appellant who had dual Iraqi and British nationality complained of his detention by British troops in Iraq. He was not charged with any offence, but was detained on the ground that his internment is necessary for imperative reasons of security in Iraq as a suspected terrorist. It was said that the detention was attributable … Continue reading Al-Jedda, Regina (on the Application of) v Secretary of State for Defence (JUSTICE intervening): HL 12 Dec 2007
Police Retention of Suspects DNA and Fingerprints The claimants complained that their fingerprints and DNA records taken on arrest had been retained after discharge before trial, saying the retention of the samples infringed their right to private life. Held: The parts of DNA used for testing are not generally capable of revealing medical information about … Continue reading S, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper: HL 22 Jul 2004
The claimant appealed against refusal of his challenge to the new constitutional law for Sark, and sought a declaration of incompatibility under the 1998 Act. He said that by restricting the people who could stand for election, a free democracy had been denied to them, and that the constitution did not achieve a sufficient separation … Continue reading Barclay and Others, Regina (on the Application of) v Secretary of State for Justice and others: CA 2 Dec 2008
Deprivation of Citizenship Principles on Appeal Following KV (Sri Lanka) v Secretary of State for the Home Department [2018] EWCA Civ 2483, Aziz v Secretary of State for the Home Department [2018] EWCA Civ 1884, Hysaj (deprivation of citizenship: delay) [2020] UKUT 128 (IAC), R (Begum) v Special Immigration Appeals Commission [2021] UKSC 7 and … Continue reading Ciceri (Deprivation of Citizenship Appeals: Principles) Albania: UTIAC 8 Sep 2021
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
Appeal from the Special Immigration Appeals Commission in which the issue was whether the Secretary of State for the Home Department was entitled to deprive a British Citizen originating from Vietnam of British nationality following his alleged involvement in terrorism related activities. The Secretary of State alleges that she was so entitled. The respondent contended … Continue reading B2 v Secretary of State for The Home Department: CA 24 May 2013
The appellant had been tried for and acquitted on a criminal charge. He now challenged the disclosure by the respondent of the charge in an Enhanced Criminal Record Certificate.
Held: His appeal failed. The critical question was whether the . .
Whether a preliminary issue should be ordered on the question whether the appellant is stateless. . .
References: [1958] USSC 56, 356 US 44, 78 SCt 568, 2 LEd2d 603 Links: Worldlii Coram: Frankfurter J, Warren CJ (United States Supreme Court)Warren CJ (dissenting) described a right to nationality as ‘man’s basic right for it is nothing less than the right to have rights’. This case is cited by: Cited – Secretary of … Continue reading Perez v Brownell; 31 Mar 1958
