Tag Archives: British Nationality

Shamima Begum: SSHD strikes back in Supreme Court 

R (Begum) v Special Immigration Appeals Commission & Anor [2021] UKSC 7 (26 February 2021)  Ms Shamima Begum was born and raised in the UK. She was a British citizen at birth and at age 15 she travelled to Syria … Continue reading

Posted in Access to Justice, Appeals, Article 2, Article 3, Article 6, Citizenship and Nationality, Court of Appeal, Deprivation of Citizenship, ECHR, Entry Clearance, Human Rights Act, Human Trafficking, Iraq, ISIS/ISIL, Judicial Review, Statelessness, Syria, UKSC | Tagged , , , , , , , | Leave a comment

Court of Appeal: £1,012 citizenship fee for children is unlawful

R (Project for the Registration of Children As British Citizens & Anor) v SSHD [2021] EWCA Civ 193 (18 February 2021)  The Court of Appeal has held that the SSHD failed to consider the best interests of children under section … Continue reading

Posted in Appeals, Children, Citizenship and Nationality, Court of Appeal, Immigration Act 2014, Judicial Review, s 55 BCIA, UKSC | Tagged , , , , , | Leave a comment

Lahore High Court ruling on Pakistan and Child Abduction

In Abid Hussain (Petitioner) v Rukhsana Munir and others (Respondents) 2020 YLR 1533 Lahore, Miss Aalia Neelum J directed Pakistan’s police authorities to produce two Dutch girls of Pakistani origin, who had been abducted by their own mother and then taken … Continue reading

Posted in Child Abduction, Children, Citizenship and Nationality, Divorce, Families, Family Court, Habitual Residence, Hague Convention, Judicial Review, Lahore High Court, Netherlands, Pakistan | Tagged , , , , , , | Leave a comment

Court of Appeal reviews the meaning of “unduly harsh”

HA (Iraq) v Secretary of State for the Home Department [2020] EWCA Civ 1176 (04 September 2020)  The appeals of HA and RA, both Iraqis, concerned the terms of Part 5A of the Nationality, Immigration and Asylum Act 2002 (especially … Continue reading

Posted in Article 8, Asylum, Automatic Deportation, Children, Citizenship and Nationality, Court of Appeal, ECHR, Families, Immigration Rules, Iraq, Lady Hale, Parliament, Proportionality, Public Interest, Removals, Spouses, Tribunals, UKSC | Tagged , , , , , , , , , , , | Leave a comment

How do Pakistani courts approach child abduction cases?

What can be said about the approach taken by the Pakistani courts in child abduction cases? Little is known about this topic and of course since Pakistan is a new entrant to the Hague Convention on the Civil Aspects of … Continue reading

Posted in Child Abduction, Children, Families, Forced marriage, Guardianship, Hague Convention, Islam, Lahore High Court, Muslims, Pakistan, Racism, Scotland, Spouses | Tagged , , , , , , | Leave a comment

The Hong Kong British National (Overseas) Visa

A person who had been a British overseas territories citizen by connection with Hong Kong was able to register as a British National (Overseas) (BN(O)) before 1 July 1997. This was to recognise the UK’s special and enduring ties with … Continue reading

Posted in China, Immigration Rules, Settlement | Tagged , , , , , | Leave a comment

Shamima Begum wins in Court of Appeal 

Begum v Special Immigration Appeals Commission (SIAC) [2020] EWCA Civ 918 (16 July 2020) The Court of Appeal has unanimously held that the only way Ms Shamima Begum, who left the UK for Syria aged only 15 along with her … Continue reading

Posted in Access to Justice, Article 2, Article 3, Article 8, Citizenship and Nationality, Court of Appeal, Deprivation of Citizenship, ECHR, ISIS/ISIL, Politics, Public Interest, Syria, Terrorism, UKSC | Tagged , , , , , , | 1 Comment

Registration fees for British citizenship breach section 55 duty

R (PRCBC & Ors) v Secretary of State for the Home Department [2019] EWHC 3536 (Admin) (19 December 2019)  The Project for the Registration of Children as British Citizens (“PRCBC”), and two child claimants “O” and “A” brought judicial review proceedings against … Continue reading

Posted in Access to Justice, Article 14, Article 8, Children, ECHR, Human Rights Act, Judicial Review, Proportionality, Settlement, UKSC | Tagged , , , , , , | Leave a comment

‘Black British’: Nigerian criminal wins in Court of Appeal 

CI (Nigeria) v The Secretary of State for the Home Department [2019] EWCA Civ 2027 (22 November 2019)  The Court of Appeal allowed a Nigerian criminal’s appeal after considering the scope and proper application of “Exception 1” to deportation set … Continue reading

Posted in Article 8, Asylum, Automatic Deportation, Children, Court of Appeal, Culture, Deportation, ECHR, Families, Human Rights Act, Immigration Rules, Nigeria, Permanent Residence, Tribunals, UKSC, Windrush | Tagged , , , , , , , | Leave a comment

No death penalty assurance is necessary for ISIS ‘Beatles’

R (El Gizouli) v Secretary of State for the Home Department [2019] EWHC 60 (Admin) (18 January 2019) In a rolled-up hearing, Lord Burnett LCJ and Garnham J granted permission for judicial review in these proceedings but their Lordships dismissed … Continue reading

Posted in Article 3, Article 8, CFR, ECHR, Human Rights Act, International Law, Iran, Judicial Review, Politics, Rule of law, Terrorism, UKSC | Tagged , , , , , | Leave a comment

Analysis of the Immigration and Social Security Co-ordination (EU Withdrawal) Bill

The crushing defeat suffered by Theresa May because of the rejection her Brexit Deal has left the UK in utter chaos. Uncertainty looms large in all spheres of UK life but the government is determined to carry through with Brexit … Continue reading

Posted in Appendix EU, Brexit, Citizens Directive, Citizenship and Nationality, CJEU, European Union, Immigration Rules, Permanent Residence, Students, Windrush, Working | Tagged , , , , , , , | 2 Comments

Standard of Proof for Statelessness is Balance of Probabilities

AS (Guinea) v Secretary of State for the Home Department [2018] EWCA Civ 2234 (12 October 2018) The Court of Appeal has held that those asserting that they are stateless need to prove their case on the balance of probabilities. … Continue reading

Posted in Asylum, Citizenship and Nationality, CJEU, Court of Appeal, Deportation, Eritrea, Ethiopia, European Union, Immigration Rules, Nationality, Nigeria, Palestine, Persecution, Proportionality, Public Interest, Refugee Convention, South Africa, Statelessness, Tribunals, UKSC | Tagged , , , , , , , , | 1 Comment

Deprivation of Citizenship: Unnecessary to Conduct a Proleptic Analysis of Deportation

Aziz & Ors v Secretary of State for the Home Department [2018] EWCA Civ 1884 (08 August 2018) Abdul Aziz, Abdul Rauf and Adil Khan – the appellants – were convicted in 2012 of the grooming, sexual exploitation and trafficking … Continue reading

Posted in Article 8, Children, Citizenship and Nationality, Crime, Deportation, Deprivation of Citizenship, ECHR, Pakistan | Tagged , , , , , | Leave a comment

Deemed Paternity and Discrimination: Section 50(9A) of the British Nationality Act 1981 is Incompatible with the ECHR

K (A Child) v The Secretary of State for the Home Department [2018] EWHC 1834 (Admin) (18 July 2018) Importantly, the Administrative Court has recently held that the scheme in section 50(9A) of the British Nationality Act 1981 which deemed … Continue reading

Posted in Article 14, Article 8, Children, Citizenship and Nationality, ECHR, Hostile Environment, Human Rights Act, Judicial Review, Spouses, UKSC | Tagged , , , , , , , | 1 Comment

CJEU Cases and Changes to the EEA Regulations 2016

The Immigration (European Economic Area)(Amendment) Regulations 2018 amend the Immigration (European Economic Area) Regulations 2016 in order to implement the effects of a string of judgments given by the CJEU. The new regulations come into force on 24 July 2018. … Continue reading

Posted in Appendix EU, Article 8, Brexit, Children, Citizens Directive, CJEU, Deportation, European Union, Families, Free Movement, Judicial Review, Permanent Residence, Spouses | Tagged , , , , , , , | 1 Comment

Gender Discrimination and Historic Injustice: Law Corrected on British Citizenship through Matrilineal Descent

The Advocate General for Scotland v Romein (Scotland) [2018] UKSC 6 (8 February 2018) Women have overwhelmingly borne the brunt of injustice throughout history and discrimination against females has been axiomatic in the sphere of citizenship. The British Nationality Act … Continue reading

Posted in Article 14, Article 8, Citizenship and Nationality, ECHR, Historic Injustice, Human Rights Act, Immigration Act 2014, Judicial Review, Nationality, South Africa, UKSC, Women | Tagged , , , , | 3 Comments

Law Corrected on British Citizenship and Identity Fraud

R (Hysaj & Ors) v Secretary of State for the Home Department [2017] UKSC 82 (21 December 2017) Extraordinarily, the Home Office sought to have these appeals allowed by consent despite the fact that Dinjan Hysaj and Agron Bakijasi had fraudulently … Continue reading

Posted in Appeals, Asylum, Bangladesh, Children, Citizenship and Nationality, Court of Appeal, False Statements and Misrepresentations, Families, Judicial Review, Pakistan, Refugee Convention, Spouses | Tagged , , , , , , , , , | 2 Comments

An ‘Important Milestone’: The Judgment in Lounes

Lounes v Secretary of State for the Home Department (C-165/16, EU:C:2017:862) In this judgment, the CJEU has embraced AG Bot’s opinion that EU law does not take away with one hand that which it has given with the other. The … Continue reading

Posted in Citizens Directive, Citizenship and Nationality, CJEU, European Union, Families, Free Movement, Judicial Review, Permanent Residence, Spouses | Tagged , , , , , , , , | 1 Comment

AG Szpunar: Permanent Residence is Necessary for Enhanced Protection against Expulsion

In EU Citizenship and Federalism: The Role of Rights, Michal Meduna’s entertaining chapter examines the protection EU citizens enjoy against expulsion as a consequence of scelestus europeus sum or “I am a European offender”. Toying with Sir Francis Jacob’s idea … Continue reading

Posted in Citizens Directive, Citizenship and Nationality, CJEU, Deportation, Enhanced Protection, Germany, Nationality, Permanent Residence, Proportionality, UKSC | Tagged , , , , , , | Leave a comment

EU Law and Family Unity: The Opinion in Lounes

Lounes v Secretary of State for the Home Department (C‑165/16 EU:C:2017:407) (30 May 2017) An Algerian, Toufik Lounes entered the UK as a visitor on a six-month visa in January 2010. He overstayed illegally. He formed a relationship with Perla … Continue reading

Posted in Citizens Directive, Citizenship and Nationality, CJEU, Employment, Integration, Permanent Residence, Proportionality, Spouses, Working | Tagged , , , , , | Leave a comment