Nationality and Citizenship in UK Law

Leading Cases
  • ZH (Tanzania) v Secretary of State for the Home Department
    • Supreme Court
    • 01 Feb 2011

    Although nationality is not a "trump card" it is of particular importance in assessing the best interests of any child. The UNCRC recognises the right of every child to be registered and acquire a nationality (Article 7) and to preserve her identity, including her nationality (Article 8).

    This is not, it is agreed, a factor of limitless importance in the sense that it will prevail over all other considerations. It is a factor, however, that must rank higher than any other. It is not merely one consideration that weighs in the balance alongside other competing factors. Where the best interests of the child clearly favour a certain course, that course should be followed unless countervailing reasons of considerable force displace them.

    The first of these is in its role as a contributor to the debate as to where the child's best interests lie. It seems to me self evident that to diminish a child's right to assert his or her nationality will not normally be in his or her best interests. As Lady Hale has said, this is not an inevitably decisive factor but the benefits that British citizenship brings, as so aptly described by Lord Hope and Lady Hale, must not readily be discounted.

  • Ogundimu (Article 8 - New Rules) Nigeria [Upper Tribunal]
    • Upper Tribunal (Immigration and Asylum Chamber)
    • 28 Ene 2013

    It involves there being a continued connection to life in that country; something that ties a claimant to his or her country of origin. If this were not the case then it would appear that a person's nationality of the country of proposed deportation could of itself lead to a failure to meet the requirements of the rule.

  • E v Secretary of State for the Home Department
    • Court of Appeal
    • 16 Jul 2003

    Relocation in a safe haven will not provide an alternative to seeking refuge outside the country of nationality if, albeit that there is no risk of persecution in the safe haven, other factors exist which make it unreasonable to expect the person fearing persecution to take refuge there. Living conditions in the safe haven may be attendant with dangers or vicissitudes which pose a threat which is as great or greater than the risk of persecution in the place of habitual residence.

  • EV (Philippines) and Others v Secretary of State for the Home Department
    • Court of Appeal
    • 26 Jun 2014

    In my judgment, therefore, the assessment of the best interests of the children must be made on the basis that the facts are as they are in the real world. If neither parent has the right to remain, then that is the background against which the assessment is conducted. Thus the ultimate question will be: is it reasonable to expect the child to follow the parent with no right to remain to the country of origin?

  • Oppenheimer v Cattermole
    • House of Lords
    • 05 Feb 1975

    But what we are concerned with here is legislation which takes away without compensation from a section of the citizen body singled out on racial grounds all their property on which the State passing the legislation can lay its hands and, in addition, deprive them of their citizenship. To my mind a law of this sort constitutes so grave an infringement of human rights that the Courts of this country ought to refuse to recognise it as a law at all.

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Books & Journal Articles
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Law Firm Commentaries
  • New U.K. Immigration Route for Hong Kong Nationals Registered as British National (Overseas) Citizens
    • JD Supra United Kingdom
    • Faegre Drinker Biddle & Reath LLP
    • 7 de Julio de 2020
    On Wednesday, 1 July 2020, Foreign Secretary Dominic Raab confirmed, in a statement to Parliament about Hong Kong, a new bespoke U.K. immigration route for British National (Overseas) (BNO) citizen...
    ......BNO status is a previously obscure form of British nationality held by an estimated 2.9 million people in Hong Kong that, until now, did ...They will further be able to apply for British citizenship after holding indefinite leave to remain status for one year. We suspect ......
  • EDPB Issues Much-Awaited Guidance On GDPR's Territorial Scope
    • Mondaq UK
    • 4 de Diciembre de 2018
    ......This is a requirement of physical geographical location. Nationality, citizenship, residence and other legal status of the individual are ......
  • Italian Citizenship Allows Access To The European Union For Business Or Pleasure
    • Mondaq UK
    • 11 de Diciembre de 2019
    ...... written about it and political bluster surrounding it.   For Britons with an Italian heritage now would be a good time to consider dual nationality particularly as British citizenship alone will not provide the previously held advantages.   Fortunately, Italy does not place the type of ......
  • Changes to British Citizenship pursuant to the Borders, Citizenship and Immigration Act 2009
    • Mondaq United Kingdom
    • 1 de Abril de 2010
    ...... Introduction. An article on the proposed changes to our current British citizenship and nationality laws1 would not be complete without considering the broader context in which the BCIA 2009 was passed. In 2005, the Government proposed sweeping ......
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