Moynul Islam, R (on the application of) v The Secretary of State for the Home Department
| Court | King's Bench Division (Administrative Court) |
| Judge | His Honour Judge Auerbach |
| Neutral Citation | [2024] EWHC 1838 (Admin) |
| Date | 17 July 2024 |
| Year | 2024 |
| Counsel | Tom Tabori |
Neutral Citation Number: [2024] EWHC 1838 (Admin)
Case No: AC-2023-LON-001810
IN THE HIGH COURT OF JUSTICE
KING'S BENCH DIVISION
ADMINISTRATIVE COURT
Royal Courts of Justice
Strand, London, WC2A 2LL
Date: 17/07/2024
Before :
HIS HONOUR JUDGE AUERBACH
(Sitting as a Judge of the High Court)
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Between :
THE KING (on the application of MOYNUL
ISLAM)
Claimant
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THE SECRETARY OF STATE FOR THE HOME
DEPARTMENT
Defendant
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David Chirico KC and Daniel Grütters (instructed by Riverway Law) for the Claimant
Tom Tabori (instructed by Government Legal Department) for the Defendant
Hearing date: 16 May 2024
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JUDGMENT
Judgment Approved by the court for handing down
(subject to editorial corrections)
R (Islam) v Home Secretary
HIS HONOUR JUDGE AUERBACH:
Introduction and Factual Background
1. This is a claim for judicial review in respect of the decision of HM Passport Office (for
which the Defendant has ministerial responsibility), of 9 March 2023, to refuse the Claimant’s
application for a British passport. The background is as follows.
2. The Claimant’s paternal grandfather was born in Sylhet, then part of British India, in
1927. He became a British subject in 1947, entered the UK in 1959 and registered as a Citizen
of the UK and Colonies (CUKC) (pursuant to the British Nationality Act 1948) in 1964. In
1974 the Claimant’s father was born in Sylhet, which was by then part of Bangladesh. He was,
pursuant to the 1948 Act, a CUKC by descent. The Claimant’s father came to the UK in 1981.
Pursuant to the British Nationality Act 1981 he became a British citizen by descent on 1
January 1983.
3. The Claimant’s parents were married in 1994. Thereafter they applied for a spouse visa
to enable her to join him in the UK.
4. The Claimant was born in Sylhet, Bangladesh, on 11 February 1995. A request was
thereafter made for him to be added to the visa application for his mother.
5. In June 1996 the Claimant’s father and mother attended an interview at the British High
Commission in Bangladesh.
6. In February 1997 the visa application was granted. On 13 April 1997 the British High
Commission in Bangladesh endorsed a Certificate of Entitlement to the Right of Abode (COE)
on the Claimant’s mother’s passport and endorsed the Claimant’s name and date of birth on that
certificate.
7. In August 1997 the Claimant and his mother travelled to the UK, where he has lived
ever since. The Claimant’s mother subsequently became a naturalised British citizen. The
Claimant has three younger siblings, all born in the UK, and all British.
8. On 7 September 2018, having considered and rejected the Claimant’s human-rights
claim under section 33 UK Borders Act 2007, the Defendant decided to proceed with a
decision to deport him pursuant to section 32(5), because of criminal convictions and on the
basis that he is not a British citizen and that the right of abode endorsed in his mother’s
passport had expired when her passport expired in 2000.
9. The Claimant challenged that decision by appealing to the First-tier Tribunal
(Immigration and Asylum Chamber) (FtT). He did so on the basis that his human-rights claim
had been unlawfully refused, pursuant to sections 82(1)(b) and 84(2) Nationality,
Immigration and Asylum Act 2002 and section 6 Human Rights Act 1998.
10. Following a hearing on 4 December 2019 at which both parties were represented, and
the witnesses included the Claimant’s parents, the FtT’s written reasoned decision was
promulgated on 30 December 2019. The FtT decided that the Claimant was not liable to
deportation and allowed the appeal. I will come to the FtT’s reasons shortly.
11. The Defendant did not seek to appeal the FtT’s decision to the Upper Tribunal.
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