Home Office not required to help work out whether a child is British
22 March 2022
1 Comment
Is the Home Office under a duty to provide information establishing a child’s nationality? This is the question considered by the Inner House of the
Is the Home Office under a duty to provide information establishing a child’s nationality? This is the question considered by the Inner House of the
A mother of three British children has lost her appeal against the decision of Amber Rudd to take away her British citizenship in 2017. The judgment
Regular readers will remember the problems caused by Comprehensive Sickness Insurance, or CSI. Essentially, certain EU citizens in the UK pre-Brexit were expected to have
The Supreme Court has dismissed a challenge to the level at which the government has set the fees for children to register as British citizens.
The UK government’s attempt to strip a British-Pakistani woman of her citizenship without telling her was unlawful, a split Court of Appeal has confirmed. Lord
The Upper Tribunal has affirmed the continuing obligation to disclose material facts in applications for naturalisation as a British citizen, including facts which arise after
At least 464 people have been stripped of their British citizenship since the law allowing it was relaxed 15 years ago, Free Movement analysis shows.
Two victims of the Windrush scandal have won a High Court challenge arguing for citizenship law to be applied more leniently in special cases like
Secretary of State for the Home Department v P3 [2021] EWCA Civ 1642 is about how much SIAC should defer to the Home Secretary’s view
The Home Secretary can take away anyone’s British citizenship when it would be “conducive to the public good” but would not make that person stateless.
In Ciceri (deprivation of citizenship appeals: principles) [2021] UKUT 238 (IAC), the Upper Tribunal has applied the guidance given in R (Begum) v Special Immigration Appeals
The Home Office is routinely missing its target for issuing new residence permits to people who lose their British citizenship, figures obtained under the Freedom
In April 2021 the High Court held that Her Majesty’s Passport Office was wrong to insist on signed consent for child passports from an abusive
We covered the nationality portion of the New Plan for Immigration in an earlier article. Many of those proposals, largely concerning British Overseas Territories citizens
On 1 July 2021, the British Nationality Act 1981 (Immigration Rules Appendix EU) (Amendment) Regulations 2021 (SI 2021 No. 743) introduced a new section 10A
An Albanian man who secured his British citizenship by fraud must be allowed to keep it because of the Home Office’s inexplicable nine-year delay in
The New Plan for Immigration Policy Statement of March 2021 (the New Plan) contains proposals to make significant changes to immigration and nationality law and
From ‘Citizens of the UK and Colonies’, to ‘Commonwealth Citizens’, to ‘subject to immigration control’: the legislative erosion of the Windrush generation’s British citizenship rights
Huson v Secretary of State for the Home Department (Entry Clearance Officer) (Rev 1) [2021] EWHC 885 (Admin) looks like a case about a 19-year-
Today the Home Office published a new plan for immigration with the title, somehow both grandiloquent and banal, New Plan for Immigration. It is mainly
The Special Immigration Appeals Commission (SIAC) has allowed the appeals of three people who were deprived of their British citizenship following allegations that they had
British citizenship by descent is underpinned by the principle of jus sanguinis (“right of blood”). This allows citizenship to be passed down “through the blood”
Shamima Begum has lost her case in the Supreme Court. This means that she will not be able to return to the UK to argue her
Upholding an earlier High Court decision, the Court of Appeal has confirmed that the Home Office’s £1,012 fee for registering children as British citizens is
Ever since the Brexit vote in June 2016, EU citizens in the United Kingdom have been turning their attention to applications for British citizenship. Foreign
The Home Secretary has a lot of power over naturalisation, the process by which foreign nationals can acquire British citizenship. The criteria for naturalisation are
On 30 September 2020 the Home Office updated its good character policy for naturalisation to make it even harder for EU nationals to become British
In August, Nath Gbikpi reported for Free Movement on R (Y) (Children In Care: Change of Nationality) [2020] EWCA Civ 1038. In that case, the Court of
The popularity and visibility of surrogacy are on the rise, thanks in part to scientific advances, a greater acceptance of LGBT+ rights and popular celebrity
Local authorities have recently made headlines for failing to regularise the immigration status of children in their care. As the case of Darrell and Darren
On 19 July 2020, Boris Johnson announced that the government would review legal aid rules in light of a Court of Appeal judgment requiring the
This is a guest post by Isaac Abraham, Nath Gbikpi, Tom Hardwick, Barry O’Leary and Mala Savjani. On 22 July 2020, over 180 historians of
In Begum v Special Immigration Appeals Commission (SIAC) [2020] EWCA Civ 918, the Court of Appeal has ordered that Shamima Begum be granted leave to
Recommendation 6 – The Home Office should: a) devise, implement and review a comprehensive learning and development programme which makes sure all its existing and
In this briefing we look at the British National (Overseas) citizenship status held by an estimated 2.9 million people in Hong Kong. Before we begin, a
In a statement to Parliament today about Hong Kong, Foreign Secretary Dominic Raab confirmed a new bespoke UK immigration route for British National (Overseas) citizens
Even by Home Office standards, the decision to defend the case of R (Nmai) v Secretary of State for the Home Department [2020] EWHC 1139
The Home Office has decided to make it more difficult for European residents to become British citizens. EU citizens with settled status who apply for
Taking away people’s citizenship became a popular pastime for Home Secretary Theresa May. After decades of the power being essentially taboo, associated as it was
The Immigration and Nationality (Fees) (Amendment) (No. 2) Regulations 2020 (SI 2020 No. 294) come into force on 6 April 2020. They introduce a handful
Is the Home Office under a duty to provide information establishing a child’s nationality? This is the question considered by the Inner House of the Court of Session in AS v Secretary of State for the Home Department [2022] CSIH 16. Unfortunately, the answer is no. The Home Office’s duty...
A mother of three British children has lost her appeal against the decision of Amber Rudd to take away her British citizenship in 2017. The judgment of the Special Immigration Appeals Commission (SIAC) makes for very grim reading. The woman, anonymised as “U3”, was born in the UK with British...
Regular readers will remember the problems caused by Comprehensive Sickness Insurance, or CSI. Essentially, certain EU citizens in the UK pre-Brexit were expected to have private health insurance. If they didn’t, it can still cause them legal problems to this day, at least on paper. Baroness Ludford, speaking in the...
The Supreme Court has dismissed a challenge to the level at which the government has set the fees for children to register as British citizens. The court held that the government has been authorised by Parliament to set the level of the fees as it chooses. Currently, the fee is...
The UK government’s attempt to strip a British-Pakistani woman of her citizenship without telling her was unlawful, a split Court of Appeal has confirmed. Lord Justice Baker and Lady Justice Whipple held that the regulation allowing notice of citizenship deprivation to be placed “on file” is ultra vires the British...
The Upper Tribunal has affirmed the continuing obligation to disclose material facts in applications for naturalisation as a British citizen, including facts which arise after submitting the application. The case is Walile (deprivation: self-incrimination: anonymity) [2022] UKUT 17 (IAC). Offence committed while citizenship application pending The facts in this case...
At least 464 people have been stripped of their British citizenship since the law allowing it was relaxed 15 years ago, Free Movement analysis shows. Home Office figures record 175 people being deprived of their citizenship on national security grounds, and 289 for fraud, since 2006. Before that, it had...
Two victims of the Windrush scandal have won a High Court challenge arguing for citizenship law to be applied more leniently in special cases like theirs. Mr Justice Bourne held today that a seemingly inflexible provision of British nationality law requiring that people be physically in the UK exactly five...
Secretary of State for the Home Department v P3 [2021] EWCA Civ 1642 is about how much SIAC should defer to the Home Secretary’s view about national security concerns. The answer is quite a lot, but not too much. The background to this case is the Supreme Court decision in...
The Home Secretary can take away anyone’s British citizenship when it would be “conducive to the public good” but would not make that person stateless. She can also take away naturalised citizenship if obtained by fraud, false representation or concealment of a material fact. The circumstances in which the Home...
In Ciceri (deprivation of citizenship appeals: principles) [2021] UKUT 238 (IAC), the Upper Tribunal has applied the guidance given in R (Begum) v Special Immigration Appeals Commission [2021] UKSC 7 to deprivation of citizenship appeals on grounds of fraud. It does so in a way which inflicts maximum damage on...
The Home Office is routinely missing its target for issuing new residence permits to people who lose their British citizenship, figures obtained under the Freedom of Information Act show. Those deprived of their citizenship for (often historic) deception are promised a decision on their human rights claim to remain in...
In April 2021 the High Court held that Her Majesty’s Passport Office was wrong to insist on signed consent for child passports from an abusive father overseas. That judgment has now been robustly upheld by the Court of Appeal following a disastrous appeal by the Passport Office: Secretary of State...
We covered the nationality portion of the New Plan for Immigration in an earlier article. Many of those proposals, largely concerning British Overseas Territories citizens and the Windrush generation, were notably less cruel and unusual than the other aspects of the New Plan, and might even have been described as...
On 1 July 2021, the British Nationality Act 1981 (Immigration Rules Appendix EU) (Amendment) Regulations 2021 (SI 2021 No. 743) introduced a new section 10A to the British Nationality Act 1981. This new section is aimed at ensuring that certain children born from 1 July 2021 onwards will automatically acquire...
An Albanian man who secured his British citizenship by fraud must be allowed to keep it because of the Home Office’s inexplicable nine-year delay in taking action after it found out, the Court of Appeal has held. The judgment in Laci v Secretary of State for the Home Department [2021]...
The New Plan for Immigration Policy Statement of March 2021 (the New Plan) contains proposals to make significant changes to immigration and nationality law and policy. This article addresses the proposals set out in Chapter 3, which concern changes to British nationality law, in the hope of enabling affected people...
From ‘Citizens of the UK and Colonies’, to ‘Commonwealth Citizens’, to ‘subject to immigration control’: the legislative erosion of the Windrush generation’s British citizenship rights is laid bare at paragraphs 1-5 of R (Howard) v Secretary of State for the Home Department [2021] EWHC 1023 (Admin). Anyone with an interest...
Huson v Secretary of State for the Home Department (Entry Clearance Officer) (Rev 1) [2021] EWHC 885 (Admin) looks like a case about a 19-year- old’s entitlement to the right of abode. We don’t see many right of abode cases these days, mainly because since 1 January 1983 the only...
Today the Home Office published a new plan for immigration with the title, somehow both grandiloquent and banal, New Plan for Immigration. It is mainly concerned with asylum and people who enter the UK illegally (those two concepts being subtly mashed together) but there are also some miscellaneous proposals for...
The Special Immigration Appeals Commission (SIAC) has allowed the appeals of three people who were deprived of their British citizenship following allegations that they had travelled to Syria and posed a threat to national security. The case is C3, C4 & C7 v Secretary of State for the Home Department...
British citizenship by descent is underpinned by the principle of jus sanguinis (“right of blood”). This allows citizenship to be passed down “through the blood” to the first generation of children born abroad. Subsequent generations born abroad do not inherit British citizenship — which can come as a nasty shock....
Shamima Begum has lost her case in the Supreme Court. This means that she will not be able to return to the UK to argue her main case about whether she should or should not be deprived of her British citizenship. But her main case remains outstanding — and may remain...
Upholding an earlier High Court decision, the Court of Appeal has confirmed that the Home Office’s £1,012 fee for registering children as British citizens is unlawful. The case is R (Project for the Registration of Children As British Citizens & Anor) v Secretary of State for the Home Department [2021]...
Ever since the Brexit vote in June 2016, EU citizens in the United Kingdom have been turning their attention to applications for British citizenship. Foreign nationals who have been living in the UK for five years can apply to “naturalise” as British — but there are other requirements which can...
The Home Secretary has a lot of power over naturalisation, the process by which foreign nationals can acquire British citizenship. The criteria for naturalisation are set out in the British Nationality Act 1981, but that Act also empowers the Home Secretary to waive many of the criteria if she sees...
On 30 September 2020 the Home Office updated its good character policy for naturalisation to make it even harder for EU nationals to become British citizens. The new policy doubles the period of time, from five years to ten years, during which certain EU citizens in the UK must have...
In August, Nath Gbikpi reported for Free Movement on R (Y) (Children In Care: Change of Nationality) [2020] EWCA Civ 1038. In that case, the Court of Appeal found that section 33 of the Children Act 1989 did not entitle the local authority to apply for British citizenship for two...
The popularity and visibility of surrogacy are on the rise, thanks in part to scientific advances, a greater acceptance of LGBT+ rights and popular celebrity stories. The thousands of families created through surrogacy have meant joy for many but the journey towards that goal is usually a challenging one, particularly where...
Local authorities have recently made headlines for failing to regularise the immigration status of children in their care. As the case of Darrell and Darren Roberts sadly exemplifies, not taking care of the immigration or citizenship status of children in care can have devastating consequences, including making them liable to...
On 19 July 2020, Boris Johnson announced that the government would review legal aid rules in light of a Court of Appeal judgment requiring the government to repatriate a young woman, Shamima Begum, whom it had deprived of British citizenship on the basis of her assistance to ISIS in Syria....
This is a guest post by Isaac Abraham, Nath Gbikpi, Tom Hardwick, Barry O’Leary and Mala Savjani. On 22 July 2020, over 180 historians of Britain, the British Empire, and colonialism published an open letter calling for the review of the history chapter of the UK’s official “Life in the...
In Begum v Special Immigration Appeals Commission (SIAC) [2020] EWCA Civ 918, the Court of Appeal has ordered that Shamima Begum be granted leave to enter the UK so that she can participate in her deprivation of citizenship appeal. The court also ordered the Special Immigration Appeals Commission (SIAC) to...
Recommendation 6 – The Home Office should: a) devise, implement and review a comprehensive learning and development programme which makes sure all its existing and new staff learn about the history of the UK and its relationship with the rest of the world, including Britain’s colonial history, the history of...
In this briefing we look at the British National (Overseas) citizenship status held by an estimated 2.9 million people in Hong Kong. Before we begin, a quick reminder that there are six different types of British nationality: British citizenship British Overseas Territories citizenship British Overseas Citizenship British Subject status British National...
In a statement to Parliament today about Hong Kong, Foreign Secretary Dominic Raab confirmed a new bespoke UK immigration route for British National (Overseas) citizens and their dependants. BNO status is a previously obscure form of British nationality held by an estimated 2.9 million people in Hong Kong that until...
Even by Home Office standards, the decision to defend the case of R (Nmai) v Secretary of State for the Home Department [2020] EWHC 1139 (Admin) looks particularly pointless. The claimant had an incredibly strong case and the judge allowed the claim with little hesitation. By allowing it to get...
The Home Office has decided to make it more difficult for European residents to become British citizens. EU citizens with settled status who apply for naturalisation may now have to provide evidence that they have been living in the UK legally, according to an update to government nationality policy released...
Taking away people’s citizenship became a popular pastime for Home Secretary Theresa May. After decades of the power being essentially taboo, associated as it was with Nazi Germany and Soviet Russia, it was resurrected with a vengeance after 2010. One way in which British citizens are stripped of their status...
The Immigration and Nationality (Fees) (Amendment) (No. 2) Regulations 2020 (SI 2020 No. 294) come into force on 6 April 2020. They introduce a handful of fee tweaks, with the most significant changes being for children whose natural father is a man other than the man married to the woman...
