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 unlawful, there never was a grant of citizenship to him, and therefore did not count towards any other claim based on residency.
Judges:
Sir Mark Potter P FD, Sedley, Wilson LJJ
Citations:
[2007] EWCA Civ 740, [2008] INLR 683
Links:
Statutes:
Commonwealth Immigrants Act 1962
Jurisdiction:
England and Wales
Citing:
Cited – In re Abdul Manan CA 1971
The applicant was a Pakistani seaman who had deserted from his ship and his presence in the UK was unlawful under the 1962 Act. He nevertheless claimed to be entitled to enter and remain as a person who had been ordinarily resident here for two . .
Cited – Regina v Secretary of State for the Home Department ex parte Sultan Mahmood CA 1978
The applicant appealed refusal of his writ of habeas corpus. He had been arrested pending removal to Pakistan. He said that he had been registered a British Citizen under the 1948 Act. Whilst in Pakistan he had substituted his own photograph for . .
Cited – 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 . .
Cited – 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. . .
Cited – Regina v Secretary of State for Home Department ex parte Naheed Ejaz QBD 23-Jul-1993
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 . .
Cited by:
Overruled – 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 . .
Lists of cited by and citing cases may be incomplete.
Family, Immigration
Updated: 04 December 2022; Ref: scu.254600
