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Jackson, R (on the application of) v Secretary of State for the Home Department

31 July 2024
[2024] EWHC 2012 (Admin)
High Court
A young man was denied British citizenship because of past crimes. He argued the government didn't consider his age or mental health. The court said the government did consider these things, and its decision was fair.

Key Facts

  • •Claimant sought permission to challenge the refusal of his British citizenship application due to a lack of 'good character'.
  • •Claimant, born in the UK in 2003, became eligible for citizenship at age 10 under section 1(4) of the British Nationality Act 1981 (BNA 1981).
  • •Claimant had multiple convictions for robbery and theft.
  • •The Home Secretary refused the application, citing the Claimant's criminal record.
  • •Claimant argued that the 'good character' assessment was flawed, applying adult naturalisation criteria instead of those for UK-born children.
  • •Claimant argued that the Home Office guidance was applied mechanistically and failed to consider mitigating factors, including psychiatric evidence and his age.
  • •Claimant raised arguments under Article 8 ECHR (right to private life), section 55 of the Borders, Citizenship, and Immigration Act 2009 (child welfare), and the Equality Act 2010.

Legal Principles

An entitlement to citizenship by registration under the BNA 1981 requires compliance with statutory procedures and conditions, including the good character requirement in section 41A.

British Nationality Act 1981

The good character requirement in section 41A of the BNA 1981 applies to both adults and young persons; the Secretary of State must be satisfied of good character for registration to be granted.

British Nationality Act 1981, section 41A

In assessing 'good character' for a child, mitigating factors relevant to the child's circumstances must be considered. While adult sentencing guidelines may apply, a child's lesser sentence makes it less likely they'll meet higher thresholds. Further mitigation should be considered.

Home Office Guidance

The Home Office guidance on good character cannot fetter the exercise of discretion; a comprehensive assessment is required in each case.

R (SA) v Secretary of State for the Home Department [2015] EWHC 1611 (Admin)

Statutory registration of British citizenship does not involve fundamental constitutional rights.

R(O) and R(Project for the Registration of Children as British Citizens (PRCBC)) v SSHD [2023] AC 255

The Secretary of State can apply a high standard for 'good character', subject to judicial review only if the decision-maker misdirected themselves or made a decision no reasonable decision-maker could have made.

R v SSHD ex p Al Fayed (No 2) [2001] Imm AR 134

Outcomes

Permission for judicial review was refused.

The court found no arguable ground for judicial review with a realistic prospect of success. The Claimant's arguments were seen as essentially challenging the outcome of the decision rather than the decision-making process itself. The court held that the relevant factors were considered, and the Secretary of State's decision was not unreasonable.

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