FAS v Secretary of State for the Home Department & Anor [2015] EWCA Civ 951 (05 October 2015)

FAS v Secretary of State for the Home Department & Anor [2015] EWCA Civ 951 (05 October 2015)

The appeal is dismissed because MW was not a 'minor' under the British Nationality Act 1981 at the time of the adoption order, so no automatic citizenship would be conferred. The welfare benefits associated with citizenship therefore do not apply, and there is no basis for making the adoption order. The judge's interpretation of section 1(2) of the 2002 Act was incorrect, but this does not affect the outcome.

Citation
[2015] EWCA Civ 951
Parties
Appellant: FAS; First Respondent: Secretary of State for the Home Department; Second Respondent: Bradford Metropolitan District Council
Jurisdiction
England and Wales
Judgment Date
05 October 2015
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Adoption, British Citizenship, Immigration Controls, Paramountcy Principle, Interpretation of Statutes
Family Law Immigration Law Nationality Law Adoption British Citizenship Immigration Controls Paramountcy Principle Interpretation of Statutes

Case Brief

Summary, issues, holding and outcome

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Parties

FAS

Appellant

Secretary of State for the Home Department

First Respondent

Bradford Metropolitan District Council

Second Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether an adoption order should be made for MW by FAS under the Adoption and Children Act 2002
  2. 2 Whether such an order would confer British citizenship under section 1(5) of the British Nationality Act 1981
  3. 3 Proper interpretation of section 1(2) of the Adoption and Children Act 2002 regarding welfare throughout the child's life

Ratio Decidendi

The appeal is dismissed because MW was not a 'minor' under the British Nationality Act 1981 at the time of the adoption order, so no automatic citizenship would be conferred. The welfare benefits associated with citizenship therefore do not apply, and there is no basis for making the adoption order. The judge's interpretation of section 1(2) of the 2002 Act was incorrect, but this does not affect the outcome.

Court Disposition

Appeal dismissed