The Queen (on the application of D4) (notice of deprivation of citizenship) v Secretary of State for the Home Department

The Queen (on the application of D4) (notice of deprivation of citizenship) v Secretary of State for the Home Department

Regulation 10(4) of the British Nationality (General) Regulations 2003 is ultra vires the British Nationality Act 1981 because it allows the Secretary of State to deem notice as given by placing it on file without taking any steps to communicate with the affected person, contrary to the mandatory requirement in section 40(5) to give written notice. The enabling power in section 41(1)(e) does not extend to dispensing with notice altogether, and only Parliament can alter this statutory safeguard.

Parties
Claimant/respondent: THE QUEEN (on the application of D4); Defendant/appellant: SECRETARY OF STATE FOR THE HOME DEPARTMENT
Jurisdiction
England and Wales
Judgment Date
26 January 2022
Procedural Posture
Judicial Review (administrative Law) / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Ultra Vires, Deprivation of Citizenship, Statutory Interpretation, Notice Requirements, Delegated Legislation
Constitutional Law Administrative Law Immigration Law Ultra Vires Deprivation of Citizenship Statutory Interpretation Notice Requirements Delegated Legislation

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Parties

THE QUEEN (on the application of D4)

Claimant/respondent

SECRETARY OF STATE FOR THE HOME DEPARTMENT

Defendant/appellant

Procedural Posture

Judicial Review (administrative Law) / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether Regulation 10(4) of the British Nationality (General) Regulations 2003 is ultra vires the enabling provisions of the British Nationality Act 1981
  2. 2 Whether the Secretary of State can deem notice to have been given by placing it on file when no steps have been taken to communicate the notice to the affected person

Ratio Decidendi

Regulation 10(4) of the British Nationality (General) Regulations 2003 is ultra vires the British Nationality Act 1981 because it allows the Secretary of State to deem notice as given by placing it on file without taking any steps to communicate with the affected person, contrary to the mandatory requirement in section 40(5) to give written notice. The enabling power in section 41(1)(e) does not extend to dispensing with notice altogether, and only Parliament can alter this statutory safeguard.

Court Disposition

Appeal dismissed

Orders

  • Declaration that Regulation 10(4) is ultra vires and void
  • Declaration that the deprivation order against D4 is a nullity