FAS v Secretary of State for the Home Department & Anor
The appeal is dismissed because MW was not a minor at the time of the adoption order application, so section 1(5) of the British Nationality Act 1981 does not confer citizenship. The welfare benefits associated with citizenship cannot be considered, and there is no other relevant benefit to justify making the adoption order.
- 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 / Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Adoption, British Citizenship, Immigration Controls, 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 / Judgment
Legal Issues
- 1 Whether an adoption order can be made for MW under the Adoption and Children Act 2002
- 2 Whether such an order would confer British citizenship under section 1(5) of the British Nationality Act 1981
- 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 at the time of the adoption order application, so section 1(5) of the British Nationality Act 1981 does not confer citizenship. The welfare benefits associated with citizenship cannot be considered, and there is no other relevant benefit to justify making the adoption order.
Court Disposition
Appeal dismissed
Full Case Text
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