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 (Civil Division)
    • 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.

  • 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.

  • EV (Philippines) and Others v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 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?

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Legislation
  • Immigration Act 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ...... (1) Section 21 of the Immigration, Asylum and Nationality Act 2006 (offence of knowingly employing illegal worker) is amended in ... 1984 as applied by an order under section 23 of the Borders, Citizenship and Immigration Act 2009, or. . . (b) Article 21 of the Police and ......
  • Immigration Act 2014
    • UK Non-devolved
    • 1 de Enero de 2014
    ...... foreign nationals; to make provision about the acquisition of citizenship by persons unable to acquire it because their fathers and mothers were not ... After section 78 of the Nationality, Immigration and Asylum Act 2002, insert- . "78A Restriction on removal ......
  • Nationality, Immigration and Asylum Act 2002
    • UK Non-devolved
    • 1 de Enero de 2002
    ......(c)’, and. . . (b) in paragraph 8(c) omit ‘and (e)’. S-3 . Citizenship ceremony, oath and pledge 3 Citizenship ceremony, oath and pledge . Schedule 1 (which makes provision about citizenship ceremonies, oaths and ......
  • Borders, Citizenship and Immigration Act 2009
    • UK Non-devolved
    • 1 de Enero de 2009
    ......; to make provision for and in connection with the exercise of customs functions and functions relating to immigration, asylum or nationality; to make provision about citizenship and other nationality matters; to make further provision about immigration and asylum; and for connected ......
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Books & Journal Articles
  • REVIEWS
    • Núm. 21-1, Enero 1958
    • The Modern Law Review
    Book reviewed in this article: The Law of Restrictive Practices and Monopolies. By R. O. Wilberforce, q.c., Alan Campbell, m.a., and Neil P. M. Elles, m.a. Consulting Editor, R. Gresham Cooke, c.b....
    ...... D. s. Ymer. NATIONALITY AND CITIZENSHIP LAWS OF THE COMMONWEALTH AND OF THE REPUBLIC OF ......
  • British Nationality Act, 1964
    • Núm. 28-2, Marzo 1965
    • The Modern Law Review
    ...... By virtue of the ‘‘ common status ” created by section 1 of that Act Commonwealth citizenship (or the quality of being a British subject) attaches to all persons who are citizens of icdependent countries ......
  • Encouraging Citizenship: Report of the Commission on Citizenship1
    • Núm. 54-3, Mayo 1991
    • The Modern Law Review
    ...... multiplicity of meaning of ‘citizenship’ but never quite succeeds, especially when mention of domicile and nationality are dragged in to add to the cloudiness. Thankfully, there is a clear and lucid appendix to aid the confused reader written by J ......
  • Editorial
    • Núm. 18-3, Septiembre 2019
    • Journal of Public Mental Health
    • 154-156
    ...... issue is a trans-Atlantic mental health initiative, for Citizenship, Recovery and Inclusive Society Partnership. My colleagues are covering ... even aliens? In most countries, place of birth or parent ’ s nationality determine citizenship. My own mother gave birth shortly after she landed ......
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Law Firm Commentaries
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