The Weekly Law Reports
[2018] 1 WLR 6000
Queen’s Bench Division
*Regina (K)
v
Secretary of State for the Home Department
[2018] EWHC 1834 (Admin)
2018 March 22;
July 18
July 18
Helen Mountfield QC sitting as a deputy High Court judge
Nationality— British citizenship— Acquisition— Mother’s husband at date of child’s birth deemed to be child’s father for nationality purposes— Child’s biological father British but mother’s husband not British— Whether statutory deeming provisions discriminating against child in enjoyment of Convention rights— Whether deeming provisions capable of being read down so as to be compatible with Convention rights— Whether declaration of incompatibility to be granted—
British Nationality Act 1981 (c 61) (as amended by British Overseas Territories Act 2002 (c 8), s 5, Sch 1, para 1(2), Nationality, Immigration and Asylum Act 2002 (c 41), s 9(1), Human Fertilisation and Embryology Act 2008 (c 22), s 56, Sch 6, para 22), s 50(9A)[1]
—
Human Rights Act 1998 (c 42), ss 3, 4(2), Sch 1, Pt I, arts 8, 14[1]
Judicial review— Practice— Refusal of permission— Secretary of State resisting claimant’s application for permission to proceed with claim for judicial review— Whether appropriate to invite judge to certify application as “totally without merit”—
CPR
rr 23.12, 54.12(7)
[1]
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