The WLR Daily case summaries
[2021] WLR(D) 633
Queen’s Bench Division
Regina (Vanriel and another) v Secretary of State for the Home Department
[2021] EWHC 3415 (Admin)
2021 Dec 1, 2; 16
Bourne J
Nationality— British citizenship— Acquisition— Claimants living in United Kingdom after arriving as part of “Windrush generation”— Secretary of State refusing claimants’ application for British citizenship on basis that claimants not fulfilling mandatory statutory requirement of having been present in UK five years prior to application— Whether Secretary of State wrongly concluding no discretion to disapply five-year requirement— Whether such discretion to be implied to achieve compatibility with claimants’ human rights—
British Nationality Act 1981 (c 61), Sch 1, para 1(2)(a)
—
Human Rights Act 1998 (c 42), ss 3, 6(2), Sch 1, Pt I, arts 8, 14