Project for the Registration of Children as British Citizens & Anor, R (On the Application Of) v Secretary of State for the Home Department (Rev 1) [2021] EWCA Civ 193 (18 February 2021)

Project for the Registration of Children as British Citizens & Anor, R (On the Application Of) v Secretary of State for the Home Department (Rev 1) [2021] EWCA Civ 193 (18 February 2021)

The statutory scheme authorises the Secretary of State to set fees for children's registration as British citizens at levels exceeding administrative cost, and the requirement to pay such a fee is part of the statutory intent. The Court of Appeal is bound by its previous decision in Williams, which remains good law notwithstanding the Supreme Court's decision in Unison. However, the Secretary of State failed to comply with the statutory duty under section 55 of the Borders, Citizenship and Immigration Act 2009 to have regard to the best interests of children when setting the fee, as there was no evidence of a proper assessment or balancing of those interests. Reliance on Parliamentary...

Citation
[2021] EWCA Civ 193
Parties
Respondent/claimant: Project for the Registration of Children as British Citizens; Respondent/claimant: O (a minor, by her litigation friend AO); Appellant/defendant: The Secretary of State for the Home Department; Intervenor: The Speaker of the House of Commons; Intervenor: The Clerk of the Parliaments
Jurisdiction
England and Wales
Judgment Date
18 February 2021
Procedural Posture
Appeal (judicial Review) / Court of Appeal Judgment
Outcome
Appeal allowed in part; declarations as to breach of section 55 duty upheld; challenge to vires of fee regulations dismissed.
Legal Topics
Statutory Interpretation, Judicial Review, Parliamentary Privilege, Children's Rights, Ultra Vires, Delegated Legislation, Best Interests of the Child
Public Law Administrative Law Immigration Law Nationality Law Constitutional Law Statutory Interpretation Judicial Review Parliamentary Privilege +4 more

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Parties

Project for the Registration of Children as British Citizens

Respondent/claimant

O (a minor, by her litigation friend AO)

Respondent/claimant

The Secretary of State for the Home Department

Appellant/defendant

The Speaker of the House of Commons

Intervenor

The Clerk of the Parliaments

Intervenor

Procedural Posture

Appeal (judicial Review) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the fee for children's registration as British citizens is ultra vires the statutory scheme under the British Nationality Act 1981 and Immigration Act 2014
  2. 2 Whether the Secretary of State complied with the statutory duty under section 55 of the Borders, Citizenship and Immigration Act 2009 to have regard to the welfare of children
  3. 3 Whether reliance on Parliamentary debates to evidence compliance with statutory duties contravenes Article 9 of the Bill of Rights 1689

Ratio Decidendi

The statutory scheme authorises the Secretary of State to set fees for children's registration as British citizens at levels exceeding administrative cost, and the requirement to pay such a fee is part of the statutory intent. The Court of Appeal is bound by its previous decision in Williams, which remains good law notwithstanding the Supreme Court's decision in Unison. However, the Secretary of State failed to comply with the statutory duty under section 55 of the Borders, Citizenship and Immigration Act 2009 to have regard to the best interests of children when setting the fee, as there was no evidence of a proper assessment or balancing of those interests. Reliance on Parliamentary...

Court Disposition

Appeal allowed in part; declarations as to breach of section 55 duty upheld; challenge to vires of fee regulations dismissed.

Orders

  • Declaration that the Secretary of State breached the duty under section 55 of the Borders, Citizenship and Immigration Act 2009 in setting the fee for children's registration as British citizens.
  • No order quashing the regulations or declaring them unlawful on ultra vires grounds.