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)

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)

The fee for children's registration as British citizens, though unaffordable for many, is not ultra vires as it is part of the statutory scheme and intent; however, the Secretary of State breached the duty under section 55 of the 2009 Act by failing to have proper regard to the welfare of children when setting the fee, and reliance on Parliamentary debates to evidence compliance with section 55 is impermissible due to Article 9 of the Bill of Rights.

Parties
1st Claimant/respondent: Project for the Registration of Children as British Citizens; 2nd Claimant/respondent: O (a minor, by her litigation friend AO); Appellant/defendant: 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
Civil Appeal (judicial Review) / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal by Secretary of State dismissed; cross-appeal by claimants dismissed.
Legal Topics
Ultra Vires, Statutory Interpretation, Parliamentary Privilege, Children's Welfare, Judicial Review, Delegated Legislation
Administrative Law Immigration Law Nationality Law Constitutional Law Ultra Vires Statutory Interpretation Parliamentary Privilege Children's Welfare +2 more

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Parties

Project for the Registration of Children as British Citizens

1st Claimant/respondent

O (a minor, by her litigation friend AO)

2nd Claimant/respondent

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

Civil Appeal (judicial Review) / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the fee for children's registration as British citizens is ultra vires the enabling statute
  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 section 55 contravenes Article 9 of the Bill of Rights 1689

Ratio Decidendi

The fee for children's registration as British citizens, though unaffordable for many, is not ultra vires as it is part of the statutory scheme and intent; however, the Secretary of State breached the duty under section 55 of the 2009 Act by failing to have proper regard to the welfare of children when setting the fee, and reliance on Parliamentary debates to evidence compliance with section 55 is impermissible due to Article 9 of the Bill of Rights.

Court Disposition

Appeal by Secretary of State dismissed; cross-appeal by claimants 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 fees for children's registration as British citizens under the 2017 and 2018 Fees Regulations.
  • No quashing order granted; declaratory relief only.