Harrison v Secretary of State for the Home Department

Harrison v Secretary of State for the Home Department

Article 6(1) ECHR does not apply to disputes over British citizenship as such disputes do not involve the determination of civil rights within the meaning of Article 6. The Secretary of State's letter did not constitute a determination of the appellant's rights, and any dispute as to citizenship can be resolved by the courts, which provide an independent and impartial tribunal. There is therefore no breach of Article 6(1).

Parties
Claimant/appellant: Peter Harrison; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
13 March 2003
Procedural Posture
Civil Appeal / Appeal From Refusal of Permission to Seek Judicial Review
Outcome
Appeal dismissed
Legal Topics
British Citizenship, Article 6 ECHR, Judicial Review, Nationality Law
Constitutional Law Human Rights Law Immigration Law British Citizenship Article 6 ECHR Judicial Review Nationality Law

Case Brief

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Parties

Peter Harrison

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Refusal of Permission to Seek Judicial Review

Legal Issues

  1. 1 Whether the right to be recognised as a British citizen is a civil right within the meaning of Article 6(1) ECHR
  2. 2 Whether the absence of an independent tribunal for citizenship disputes breaches Article 6(1) ECHR

Ratio Decidendi

Article 6(1) ECHR does not apply to disputes over British citizenship as such disputes do not involve the determination of civil rights within the meaning of Article 6. The Secretary of State's letter did not constitute a determination of the appellant's rights, and any dispute as to citizenship can be resolved by the courts, which provide an independent and impartial tribunal. There is therefore no breach of Article 6(1).

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No order as to costs