Regina v Secretary of State for the Home Department Ex Parte Kaur (Justice, Intervener) Case C-192/99: ECJ 8 Mar 2001

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 declared how it wished nationality to be defined. This was renewed and altered with the new Immigration Act. Customary international law allowed states to have different classes of citizenship with different rights, and her rights were determined by reference to the 1982 declaration.

Citations:

Times 08-Mar-2001

Statutes:

British Nationality Act 1981, ECTreaty Art 17 and 18

Immigration, European, International

Updated: 10 April 2022; Ref: scu.88639