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Nationality and Citizenship

Some of the primary legislation

Some of our recent notable cases

Poloko Hiri v Secretary of State for the Home Department (2014)
The High Court ruled in favour of a member of the British Armed Forces who had been refused British citizenship by the Home Office on the basis of a sole speeding offence.
[2014] EWHC (Admin) 254 18/2/2014
Raza Halim

R (on the application of Ignaoua and others) v Secretary of State for the Home Department (2014)
Test case on the lawfulness of certification of a direction to exclude the claimant from the UK and whether that had the effect of unilaterally terminating the claimant’s extant judicial review.
[2013] EWHC 2512 (Admin) 8/5/2014
Amanda Weston & Sonali Naik

AHK and Ors v Secretary of State for the Home Department (2012)
Where the court held that there could be no closed material procedure in proceedings for judicial review of the secretary of state’s refusal to grant naturalisation to applicants whom she did not consider to be of good character, even though she had given few reasons for her decision on the grounds that to do so would harm national security.
[2012] EWHC 1117 (Admin) 2/7/2012
Stephanie Harrison & Edward Grieves

AKA MH and Others v Secretary of State for the Home Department (2009)
Represented three claimants in test case litigation about refusal of British nationality on public interests grounds – issue of the nature of the procedural protection and use of Special Advocates was dealt with by Court of Appeal.
[2009] EWCA Civ 287 2/4/2009 Reported at [2009] 1 WLR 2049
Stephanie Harrison

R v SSHD ex parte Ullah (2001)
Power for British citizens by descent to naturalise as British citizens otherwise than by descent
[2001] EWCA Civ 659 10/5/01
Laurie Fransman QC

The Queen v SSHD ex parte Kaur (2001)
Who is British for EC purposes
European Court of Justice 20/2/01 C-192/99

R v SSHD ex parte Montana (2000)
Illegitimate children and Secretary of State’s policy to register
[2000] EWHC Admin 421 23/11/00. Reported at (2001) 1 WLR 552

Useful links


Blackstone’s Guide to the Borders, Citizenship and Immigration Act 2009 by Garden Court Chambers barristers, Ian Macdonald QC, Laurie Fransman, Adrian Berry, Ronan Toal