Immigration Case Update: R (on the application of Williams) v The Secretary of State for the Home Department [2015] EWHC 1268 (A

Read the full judgment here.
 
This is an interesting case containing strong comments criticising the SSHD although ground 1 is in any event dismissed.
 
The C challenges the SSHD's decision to reject his application to be registered as a British citizen, on the basis that the prescribed fee of £673 had not been paid, on two grounds:
 
(a) the SSHD acted outside her powers in failing to incorporate into the statutory scheme a fee exemption for applications to register British nationality by children who are in receipt of local authority assistance because of destitution; and
 
(b) in not according such an exemption to the C, the SSHD breached her duty under article 8 ECHR by failing properly to respect his family and/or private life; and/or her duty under article 14 read with article 8 by discriminating against the C on the ground of his impecuniosity.
 
The case raised arguments around whether the JR was academic. The Court exercised its discretion to deal with the issues.
 
The Judge says obiter re 276ADE(iv) that in most cases the fact that the child was born in the United Kingdom and has been here for seven years will mean that it will not be reasonable to expect the child to leave [§79(iv)].
 
Ground 1 fails albeit with some interesting comments made by the Court. Ground 2 also failed.

Disclaimer
The information and any commentary on the web page 1MCB Legal Updates is provided free of charge for information purposes only and does not amount to legal or other professional advice.
Whilst we try to ensure the information provided in 1MCB Legal Updates is accurate it may have been superseded by other legal developments since the date of publication.
1MCB do not accept any responsibility for any loss which may arise from reliance on information contained in 1MCB Legal Updates.