R (on the application of O (a minor, by her litigation friend AO)) (Appellant) v Secretary of State for the Home Department (Respondent)
Case ID: 2021/0062
Case summary
Issue
Can the Secretary of State lawfully make the exercise of a child’s right to be registered as a British citizen conditional on their payment of £1,012?
Facts
Under the Immigration and Nationality (Fees) Regulations 2018 ("the Regulations"), the Secretary of State charges a mandatory fee of £1,012 to all children applying to be registered as British citizens under various provisions of the British Nationality Act 1981.
The Appellants argue that, as the fee is unaffordable for a significant number of children, and so makes their statutory right to be registered as British citizens meaningless in practice, the Regulations must be unlawful. The High Court and the Court of Appeal rejected that argument. The Appellants now appeal to the Supreme Court.
Judgment appealed
Parties
Appellant(s)
O (a minor, by her litigation friend AO) The Project for the Registration of Children as British Citizens
Respondent(s)
Secretary of State for the Home Department
Appeal
Justices
Lord Hodge, Lord Briggs, Lady Arden, Lord Stephens, Lady Rose
Hearing start date
23 June 2021
Hearing finish date
24 June 2021
| Watch hearing | ||
|---|---|---|
| 23 June 2021 | Morning session | Afternoon session | 24 June 2021 | Morning session |
Judgment details
Judgment date
2 February 2022
Neutral citation
[2022] UKSC 3
- Judgment (PDF)
- Press summary (HTML version)
- Judgment on The National Archives (HTML version)
- Judgment on BAILII (HTML version)
| Watch Judgment summary | |
|---|---|
| 2 Feb 2022 | Judgment summary |
Reporting restrictions
R (on the application of O (a minor, by her litigation friend AO)) (Appellant) v Secretary of State for the Home Department (Respondent)
Case ID: UKSC 2021/0062
THE COURT ORDERED that no one shall publish or reveal the name or addresses of the Appellant who is the subject of these proceedings or publish or reveal any information which would be likely to lead to the identification of the Appellant or of any member of her family in connection with these proceedings.