Moynul Islam, R (on the application of) v The Secretary of State for the Home Department

17 July 2024

[2024] EWHC 1838 (Admin)

High Court

A court previously said Moynul Islam was British. The government then refused to give him a passport, saying he wasn't. A judge ruled that the government had to accept the earlier court decision, and gave him a passport.

Key Facts

•Moynul Islam's application for a British passport was refused by HM Passport Office.
•Islam's father was a British citizen, and his mother subsequently became a naturalised British citizen.
•Islam was born in Bangladesh and granted a Certificate of Entitlement to the Right of Abode (COE) in 1997, which was endorsed on his mother's passport.
•A First-tier Tribunal (FtT) previously ruled that Islam was a British citizen and not liable for deportation.
•The Home Office refused Islam's subsequent passport applications, leading to this judicial review.
•The Home Office argued that the FtT's decision was not binding on their passport issuance decision.

Legal Principles

Issue estoppel

Thoday v Thoday [1961] P 181 (CA); Virgin Atlantic Airways Limited v Zodiac Seats UK Limited [2013] UKSC 46; R (DN (Rwanda)) v Secretary of State for the Home Department [2020] UKSC 7; R (Balhav Singh) v Secretary of State for the Home Department, JR/05767/19, 27 January 2021; R (Al-Siri) v Secretary of State for the Home Department [2021] EWCA Civ 113

British Nationality Act 1981

Immigration Act 1971

Article 8 ECHR (Right to Respect for Private and Family Life)

Article 8 ECHR

Power to issue passports

R (Easy) v SSHD [2015] EWHC 3344 (Admin)

Ladd v Marshall test for admissibility of fresh evidence

Ladd v Marshall [1954] EWCA Civ 1

Outcomes

Claim Succeeds

The FtT's finding that Islam was a British citizen created an issue estoppel, preventing the Home Office from re-litigating that issue. The Home Office failed to demonstrate exceptional circumstances justifying departure from the issue estoppel.

9 March 2023 decision and 31 May 2023 letter quashed

These decisions were based on the erroneous view that Islam was not a British citizen, conflicting with the FtT's binding determination.

Declaration of unlawful Article 8 interference granted

The refusal of the passport application had a negative impact on Islam's family life and ability to access work and support.

Declaration that Islam is a British Citizen Denied

This was deemed unnecessary given the FtT's prior determination and the established issue estoppel.

Moynul Islam, R (on the application of) v The Secretary of State for the Home Department

Key Facts

Legal Principles

Outcomes

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