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
British Nationality Act 1981
Immigration Act 1971
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.