In a landmark decision, the Administrative Court has upheld a claimant’s judicial review challenge against being refused a British passport by HM Passport Office. The claimant, born in Bangladesh to a British citizen father by descent, had his right to British citizenship confirmed.
Background
The case, R (on the application of Islam) v Secretary of State for the Home Department, revolved around the claimant’s application for a British passport, which was initially denied because he was born outside the UK and his father was a British citizen by descent.
The paternal grandfather of the claimant, Mr Moynul Islam, had originally moved to the UK from what was then Bangladesh in 1959. He later registered as a “citizen of the UK and colonies” in 1964. Despite the British High Commission in Bangladesh endorsing a Certificate of Entitlement to the Right of Abode (COE) on his mother’s passport, the claimant faced deportation after criminal convictions, leading to the current legal battle.
Key Points
1. Initial Immigration and Residence:
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- The claimant’s father, a UK citizen by descent, and his mother, who travelled to the UK with a COE endorsed on her passport, settled in the UK. The claimant has lived in the UK ever since.
2. Deportation Challenge:
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- In 2018, the Secretary of State sought to deport the claimant, arguing that his COE expired with his mother’s passport. The claimant appealed to the First-tier Tribunal (FTT), which ruled in his favour, recognizing the COE as valid evidence of his right to abode.
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3. Legal Arguments and Issue Estoppel:
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- The claimant argued that the Secretary of State acted unlawfully by not adhering to the FTT’s decision. The doctrine of issue estoppel was central to the case, preventing the Secretary of State from revisiting the question of his citizenship.
4. Court’s Decision:
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- The court found that there were no exceptional reasons to negate the issue estoppel. The FTT’s conclusion that the claimant was a British citizen was neither perverse nor legally erroneous. The court held that justice did not demand reopening the settled issue.
5. Human Rights Consideration:
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- The court acknowledged that denying the claimant a passport interfered with his Article 8 rights under the European Convention on Human Rights, impacting his family life and domestic arrangements.
Outcome
The Administrative Court quashed the decision to refuse the claimant’s passport application. It ordered the Secretary of State to issue a British passport upon submission of a fresh application, reinforcing the FTT’s determination of the claimant’s British citizenship.
Significance
This case underscores the importance of legal consistency and the protection of individual rights within the UK’s immigration system. It reaffirms the binding nature of tribunal decisions and the significance of human rights in citizenship disputes.
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