In the clause “had that citizenship by his birth, adoption, naturalisation or registration in the United Kingdom”, does the requirement for it to be in the United Kingdom apply to simply registration or all of the different means of buying citizenship on the record? This was the query earlier than the High Court in Murugason v Secretary of State for the Home Department [2022] EWHC 3160 (Admin).
Background
Mr Murugason’s father was born in 1948 in Penang, a British dominion at the time, and was thus a British topic by start. When the British Nationality Act 1948 got here into pressure, his father turned a Citizen of the UK and Colonies (CUKC).
In 1957, Malaysia gained independence, which led to most of its residents dropping their CUKC standing, as was the norm when former colonies gained independence. Penang, nevertheless, was uncommon in that the UK exceptionally agreed that its residents might hold their CUKC standing. Mr Murugason’s father remained a CUKC.
Mr Murugason was born on 13 December 1972 and have become a CUKC by descent by advantage of part 5(1) of the British Nationality Act 1948. Following Mr Murugason’s unsuccessful utility for both a British passport or a certificates of entitlement, he challenged the Home Office’s place that he didn’t have proper of abode by means of judicial assessment.
Patrial or non-patrial
Whether Mr Murugason has proper of abode is dependent upon the “patrial” provisions launched by the Immigration Act 1971. These…
