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Case details

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

[2021] EWCA Civ 193

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
 

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.

 

Future Judgment Update

Please note that appeal in the matter of R (on the application of O (a minor, by her litigation friend AO)) (Appellant) v Secretary of State for the Home Department (Respondent) has been heard by the Supreme Court and is currently awaiting judgment.

As soon as the judgment hand-down date is confirmed, it will be published on the Future judgments page of this website. As a very broad indication, judgments tend to follow between three to nine months after the conclusion of the appeal hearing, although in some cases it may be earlier than that. Information about judgment hand-downs is usually announced one week in advance. We are unable to give any indication of the likely hand-down date for judgments not listed on the Future judgments page.