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

Subject Matter

NATIONALITY — British citizenship — Acquisition — Claimants coming to United Kingdom as part of Windrush generation but subsequently refused re-entry because of lack of documentation to prove right to remain indefinitely — Claimants subsequently admitted to United Kingdom but refused naturalisation as British citizens on ground not satisfying five-year rule for presence in United Kingdom — Whether five-year rule discriminating against claimants in enjoyment of right to respect for private and family life — Whether five-year rule unjustifiably infringing such right — Whether legislation to be read and given effect compatibly with Convention rights — Whether discretion to disapply five-year rule to be implied — British Nationality Act 1981 (c 61), Sch 1, paras 1(2)(a), 2(1)(a) — Human Rights Act 1998 (c 42), s 3, Sch 1, Pt I, arts 8, 14

[2021] EWHC 3415 (Admin); [2022] QB 737; [2022] 2 WLR 845; [2022] 3 All ER 1112; [2021] WLR(D) 633, QBD

Commentary

Free Movement
Windrush victims win citizenship rule waiver Case comment