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 State acknowledged that the applicant otherwise met the conditions for registration. The registration should proceed.

Judges:

Collins J

Citations:

[2005] EWHC 2818 (Admin), Times 28-Dec-2005

Links:

Bailii

Statutes:

British Nationality Act 1981, British Nationality and Status of Aliens Act 1914 7

Jurisdiction:

England and Wales

Citing:

CitedRegina v Chief National Insurance Commissioner Ex Parte Connor QBD 1981
The court was asked whether the rule against forfeiture applied so as to disentitle an applicant from receiving a widow’s allowance when she had killed her husband with a knife. She had been held guilty of manslaughter but simply placed on . .
CitedRegina v Secretary of State for the Home Department Ex Parte Puttick CA 1981
The applicant, then Astrid Proll, fled bail in Germany when awaiting trial on terrorist charges, entered England and under a false name, and married Mr Puttick. She resisted extradition saying that under the 1948 Act she was now a British National. . .
CitedRegina (Abbasi) v Secretary of State for Foreign Affairs CA 6-Nov-2002
There is no authority in law to support the imposition of an enforceable duty on the state to protect the citizen, and although the court was able to intervene, in limited ways, in the way in which the Foreign and Commonwealth Office used its . .
CitedGeok v Minister of the Interior PC 1964
A provision of the Constitution of Malaysia allowed the Federal Government to deprive a person of his citizenship ‘if satisfied that he has shown himself by act or speech to be disloyal or disaffected towards the Federation’. The allegations against . .
CitedRegina 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 . .
CitedRegina v Secretary of State for the Home Deaprtment ex parte Swati CA 1986
A notice refusing leave to a visitor to enter which simply gave as the reasons:- ‘I am not satisfied that you are genuinely seeking entry only for this limited period.’ was sufficient compliance with the duty to give reasons for the decision imposed . .

Cited by:

Appeal fromSecretary 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 . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 23 July 2022; Ref: scu.236652