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 citizenship as a nullity. A registered or naturalised citizen is a British citizen and his Citizenship certificate remains valid until it is withdrawn under a s40 order.
Stuart-Smith LJ: ‘A person who has acquired British citizenship by registration or certificate of naturalisation can . . be deprived of his citizenship as a result of conduct that led to the grant of registration or naturalisation, or because of certain conduct thereafter. Subsequent conduct is dealt with in section 40(3) and consists of (a) disloyalty or disaffection to the Queen, (b) trading or communicating with the enemy in time of war or (c) imprisonment for twelve months or more within five years of the date when the person became a British citizen. We are not concerned with this subsection.’
Judges:
Stuart-Smith LJ
Citations:
Independent 22-Dec-1993, Times 07-Dec-1993, [1994] 2 All ER 436, [1994] QB 496, [1994] 2 WLR 534
Statutes:
British Nationality Act 1981 40
Jurisdiction:
England and Wales
Citing:
Appeal from – 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:
Cited – 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 . .
Cited – 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.
Immigration, Extradition
Updated: 01 December 2022; Ref: scu.87984
