Jackson, R (on the application of) v Secretary of State for the Home Department
[2024] EWHC 2012 (Admin)
OBN (a minor), R (on the application of) v The Secretary of State for the Home Department
16 July 2024
[2024] EWHC 1833 (Admin)
High Court
A boy applied for British citizenship but was refused. His family sued, arguing the government made unfair decisions. The court decided the government followed the rules, even though it didn't explain its decision very clearly, and the boy's application was denied.
Key Facts
- •OBN (a minor), a Bangladeshi national, applied for British citizenship through his British citizen father.
- •The Home Secretary refused the application, citing OBN's and his mother's lack of 'settled' status in the UK.
- •OBN's father did not request a review of the decision before initiating judicial review proceedings.
- •The claim challenged the refusal on several grounds, including misdirection of discretion, failure to consider best interests, unlawful fettering of discretion, and breach of Article 8 ECHR.
Legal Principles
Section 3(1) of the British Nationality Act 1981 grants the Secretary of State discretion to register a minor as a British citizen.
British Nationality Act 1981
The Secretary of State's discretion under section 3(1) of the BNA 1981 is wide and may consider any rationally relevant matter.
R (on the application of K (A Child)) v Secretary of State for the Home Department [2018] 1 WLR 6000
Guidance on exercising discretion under section 3(1) is not definitive and each case must be considered on its merits.
SSHD’s Registration as a British citizen: Children (“Guidance”) v11.0
Section 55 of the Borders, Citizenship and Immigration Act 2009 requires the Secretary of State to have regard to a child's best interests.
Borders, Citizenship and Immigration Act 2009
A discretionary power cannot be fettered by inflexible policies, but a policy can guide decision-making as long as departure is possible.
R (MAS Group Holdings Ltd v Secretary of State for the Environment, Food and Rural Affairs [2019] EWHC 158 (Admin)
Reasons for a decision must be intelligible and adequate to understand the decision-making process.
South Buckinghamshire District Council v Porter (No.2) [2004] UKHL 34
Judicial review is a remedy of last resort; other available remedies should be pursued first.
Administrative Court Guide paragraph 6.3.3
Outcomes
Claim dismissed.
The court found that the Home Secretary's decision was not unlawful. The Secretary of State's discretion was properly exercised, best interests were considered (although minimally articulated), and there was no unlawful fettering of discretion or breach of Article 8 ECHR.
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