Indran Murugason, R (on the application of) v Secretary of State for the Home Department
[2023] EWCA Civ 1336
Antoine Lucas Roehrig, R (on the application of) v Secretary of State for the Home Department
12 March 2024
[2024] EWCA Civ 240
Court of Appeal
A child's claim to British citizenship depended on whether his mother was considered 'settled' in the UK when he was born. Although her right to live in the UK came from EU laws, UK rules still applied that limited her stay to as long as she met certain conditions. The court decided these rules were UK immigration laws, so she wasn't considered 'settled', and the child's claim failed.
Key Facts
- •Mr. Roehrig appealed the dismissal of his judicial review claim regarding the refusal of his British passport application.
- •The central issue was whether Mr. Roehrig automatically acquired British citizenship at birth under section 1(1)(b) of the British Nationality Act 1981 (BNA) because his mother was 'settled' in the UK.
- •Mr. Roehrig's mother, a French national, was a 'qualified person' under EU law and ordinarily resident in the UK at the time of his birth (October 20, 2000).
- •The Home Department's refusal was based on the lack of documentary evidence showing the mother was free from immigration time restrictions at the time of birth.
- •The appellant argued that his mother's EU-derived residence rights were not subject to UK immigration laws, thus satisfying the 'settled' requirement.
Legal Principles
Definition of 'settled' under section 1(1)(b) BNA: ordinarily resident in the UK without immigration law restrictions on the period of stay.
British Nationality Act 1981, Section 1(1)(b) and Section 50(2)
Definition of 'immigration laws' under section 50(1) BNA: encompassing the Immigration Act 1971 and any law with similar purposes.
British Nationality Act 1981, Section 50(1)
Effect of EU law on UK immigration laws: whether EU-derived residence rights exempt EU nationals from UK immigration law restrictions.
European Communities Act 1972, Section 2; Immigration Act 1971, Section 7; Various EU Regulations and Directives
Interpretation of 'restriction on the period' in the definition of 'settled': whether it includes restrictions based on maintaining a qualifying status.
R (Coomasaru) v Immigration Appeal Tribunal [1983] 1 WLR 14
Outcomes
Appeal dismissed.
The court found that the Immigration (European Economic Area) Regulations 2000 were 'immigration laws' for the purposes of the BNA. The mother's residence, although based on EU rights, was subject to a restriction (maintaining 'qualified person' status) under those laws. This restriction, akin to a condition impacting the duration of stay, prevented her from being considered 'settled' under the BNA.
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