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 appeals be allowed by consent.
Held: His reasons were largely been adopted by the Court.
The conflicting decisions had been difficult to reconcile and created uncertainty, and Akhtar and Bibi were overruled.
The Appellants were British citizens by naturalisation under section 6(1) of the British Nationality Act 1981 and that that citizenship remained valid unless and until a formal deprivation order is made pursuant to section 40(3) of the 1981 Act.
Judges:
Lady Hale, President, Lord Kerr, Lord Wilson, Lord Hughes, Lord Hodge
Citations:
[2017] UKSC 82, [2018] 2 All ER 471, [2018] INLR 279, [2018] Imm AR 699, [2018] 1 WLR 221, UKSC 2016/0209
Links:
Bailii, Bailii Summary, SC, SC Summary
Statutes:
British Nationality Act 1981 6(1)
Jurisdiction:
England and Wales
Citing:
Appeal from – Hysaj and Others, Regina (On The Application of) v Secretary of State for The Home Department CA 26-Nov-2015
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. . .
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 . .
Appeal from – Hysaj v Secretary of State for The Home Department CA 16-Dec-2014
Applications for extensions of time to file an appeal should be taken the same as for applications for relief from sanctions, and should attract the same rigorous approach. There is no good reason to have a different approach for public law cases. . .
Overruled – 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 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 . .
Overruled – 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, Administrative
Updated: 04 December 2022; Ref: scu.601874