The Weekly Law Reports
[2021] 1 WLR 3049
Court of Appeal
*Regina (Project for the Registration of Children as British Citizens and others) v Secretary of State for the Home Department (Speaker of the House of Commons and another intervening)
[2021] EWCA Civ 193
2020 Oct 6, 7; 2021 Feb 18
David Richards, Singh, Nicola Davies LJJ
Nationality— British citizenship— Fees— Children applying for registration as British citizens unable to afford registration fee— Whether regulations prescribing registration fee ultra vires— Whether regulations made in breach of Secretary of State’s statutory duty to have regard to need to safeguard and promote children’s welfare—
British Nationality Act 1981 (c 61), ss 1(4), 3(1)
—
Borders, Citizenship and Immigration Act 2009 (c 11), s 55
—
Immigration Act 2014 (c 22), s 68
—
Immigration and Nationality (Fees) Order 2016 (SI 2016/177), art 10
—
Immigration and Nationality (Fees) Regulations 2018 (SI 2018/330), reg 10, Sch 8, Table 19
Parliament— Privilege— Proceedings in Parliament— Claim for judicial review of regulations on ground Secretary of State in breach of statutory duty— Whether Secretary of State able to rely on Parliamentary materials to demonstrate compliance with duty—
Bill of Rights 1688 (1 Will & Mary, Sess 2, c 2), art 9