UTIAC (i) Paragraph 403 of the Immigration Rules co-exists, and must be given effect in tandem, with the United Nations Convention Relating To The Status Of Stateless Persons and the Secretary of State’s policy instruction.
(ii) In every statelessness case, the four interlocking components of the governing test are whether the person concerned is considered as . . a national . . by any state … under the operation of its law: Pham v Secretary of State for the Home Department [2015] UKSC 19 applied.
(iii) Given that statelessness applications and decisions are made within the realm of public law, the governing principles include the Tameside ( Secretary of State for Education and Science v Metropolitan Borough Council of Tameside [1977] AC 1014) and the British Oxygen ( British Oxygen v Minister of Technology [1971] AC 610) principles.
(iv) The policies of public authorities are not merely material considerations to be taken into account by the decision maker. Rather, they trigger a duty to give effect to their terms, absent good reason for departure.
(v) In some cases it may be necessary to consider the practice of the government of a foreign state as well as its nationality laws.
Mr Justice McCloskey, President, Upper Tribunal Judge Reeds
[2015] UKUT 658 (IAC)
Bailii
England and Wales
Immigration
Updated: 17 January 2022; Ref: scu.565367
