Bibi & Ors v Entry Clearance Officer, Dhaka

Because Mr Jabbar obtained registration as a UK citizen by assuming another's identity, the registration was a nullity and he was never a UK citizen. Therefore, his widow and children have no right of abode derived from him.

Parties: Appellants: Tohura Bibi (also known as Nuria Begum), Shabana Begum, Shajna Begum, Akik Miah and Masuk Miah; Respondent: Entry Clearance Officer, Dhaka
Jurisdiction: England and Wales
Judgment Date: 18 July 2007
Procedural Posture: Immigration Appeal / Appeal From Asylum and Immigration Tribunal to Court of Appeal
Outcome: appeal dismissed
Legal Topics: Right of Abode, Citizenship by Registration, False Identity, Deprivation of Citizenship

Immigration Law Nationality Law Right of Abode Citizenship by Registration False Identity Deprivation of Citizenship

Case Brief

Summary, issues, holding and outcome

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Parties

Tohura Bibi (also known as Nuria Begum), Shabana Begum, Shajna Begum, Akik Miah and Masuk Miah

Appellants

Entry Clearance Officer, Dhaka

Respondent

Procedural Posture

Immigration Appeal / Appeal From Asylum and Immigration Tribunal to Court of Appeal

Legal Issues

1 Whether a person who obtained UK citizenship by assuming another's identity was ever a citizen for the purposes of conferring right of abode on dependants
2 Whether the only remedy for fraudulently obtained citizenship is deprivation under statute or if the citizenship is a nullity ab initio

Ratio Decidendi

Court Disposition

appeal dismissed

Orders

Appeal dismissed; no right of abode for appellants; no certificates of entitlement to be issued.