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
power or intention to register X or any Y other than an actual son of Z. Accordingly, X never became a citizen of the United Kingdom.
Templeman LJ said: ‘The applicant relies on the registration effected on the application of Waris Ali. In my judgment, that registration does not prove that the applicant is a citizen of the United Kingdom and Colonies by registration. When Waris Ali applied for the registration he undoubtedly intended to procure the registration of the applicant and nobody else. But the effect of the registration cannot depend on the intention of the applicant, Waris Ali. The registration which was in fact effected was the registration of Parvaz Akhtar, son of Waris Ali. This registration applies to the applicant and is conclusive of the claim of the applicant to be patrial if, but only if, the applicant is Parvaz Akhtar, son of Waris Ali. But the applicant has not proved that he is the person registered.’ Had registration of citizenship been obtained, for example, by a fraudulent representation that any requisite period of ordinary residence had elapsed or, had Mr Ali not been a U.K. citizen, by a fraudulent representation that he was a U.K. citizen, the citizenship thus obtained would endure until the citizen was deprived of it under the subsection, but a citizenship obtained by assumption of a false identity fell into a different category in that it never arose.
Judges:
Templeman LJ, Megaw LJ
Citations:
[1980] 2 All ER 735, [1980] 3 WLR 302, [1981] QB 46
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – 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 . .
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.
Immigration
Updated: 04 December 2022; Ref: scu.254616
