R (Howard) v Secretary of State for the Home Department

Subject Matter

NATIONALITY — British citizenship — Acquisition — Claimant living in United Kingdom for many years after arriving from Jamaica as part of “Windrush generation” — Secretary of State refusing claimant’s application for naturalisation as British citizen on basis of his criminal record — Whether Secretary of State’s failure to disapply statutory “good character” requirement in breach of Convention rights — Whether Secretary of State’s decision to apply guidance on good character requirement to Windrush generation without modification irrational — British Nationality Act 1981 (c 61), s 6, Sch 1, para 1(1)(b) — Human Rights Act 1998 (c 42), ss 3, 6, Sch 1, Pt I, arts 8, 14

[2021] EWHC 1023 (Admin); [2021] 1 WLR 4651; [2021] WLR(D) 241, QBD

NATIONALITY — British citizenship — Acquisition — Claimant living in United Kingdom for many years after arriving from Jamaica as part of “Windrush generation” — Secretary of State refusing claimant’s application for naturalisation as British citizen on basis of criminal record — Whether Secretary of State’s decision to apply guidance on good character requirement to Windrush generation without modification irrational — British Nationality Act 1981 (c 61), s 6, Sch 1, para 1(1)(b)

[2022] EWCA Civ 1068; [2022] 1 WLR 4797; [2023] 2 All ER 1111; [2022] WLR(D) 331; The Times, 9 November 2022, CA

Appellate History

Commentary

Free Movement
Good character requirement unlawfully applied in Windrush cases Case comment