PUBLIC LAW 2 Exam Revision
[British Nationality Act 1948]
Before 1948 the common law & then early statutes embodied concept that all persons born in British territory were subjects. Early legislation also ruled on acquisition of British nationality & loss of it. 1948 Act was intended to harmonise British law with that of the newly independent colonies whereby persons would be both citizens of the ex-colony & of the Commonwealth with rights to enter UK.
Only British citizens have a right to reside/abode. to come & go & work in UK without immigration control and not liable to deportation.
British citizenship is acquired by; Birth, Adoption, Registration, Descent or Naturalisation
Birth – A legitimate child born in the UK one of which parents is already a British Citizen or is “settled” in UK or is in the armed forces at time of birth assumes British citizenship.
Adoption – A child under the age of 18 [Family Law Reform Act 1969] adopted by a British Citizen becomes a BC from date of adoption order.
Descent – A child born outside the UK becomes a citizen if one of his/her parents is a BC, provided that parent has not acquired citizenship through descent. The child will only acquire citizenship if the parent is an employer of the Crown or other designated services.
Registration – A child born in the UK who are not automatically entitled to citizenship through birth have a right to be registered as citizens at the age of 10, provided child has not been absent from UK for more than 90 days in each of the first 10 years. Applications for nationality by registration must satisfy the Sec of state that they are of “good character”
Naturalisation – [British National Act 1981] (Long term resident of good character) A 5 year residence period is a precondition for applying for Naturalisation. No application may be granted unless applicant made necessary oath and pledge loyalty to UK upholding democratic values and obeying its laws.
Aliens may not vote, hold public office, join civil service or armed forces [without special consent], Aliens are liable to expulsion or internment in time of emergency/War & confiscation of property
Discretionary decision by Home Secretary No appeal, no tribunal system Judicial review competent only in limited number of cases
[Immigration Borders, Citizenship and Immigration Act 2009]
Functions relating to immigration, asylum or nationality; to make provision about citizenship and other nationality matters; to make further provision about immigration and asylum.
[Immigration Act 1971] distinguished British subjects between Patrials & Non-Patrials
Patrials free to enter UK
Non-Patrials needed permission to enter UK
- s2(1) states who has right of abode (British Citizens plus certain Commonwealth Citizens)
- s3 non British Citizens need permission to enter UK which may be given for limited or indefinite period and may be subject to conditions .
- s3(5) non British Citizens are liable to deportation
- s24 offence to enter UK without permission
- s24 offence to overstay
- s24 offence to break conditions
- s24A offence to seek permission etc by deceit
- s25 offence to assist illegals
A person seeking to enter UK must prove they have a UK passport describing himself as a BC & an ID card certificate of entitlement.
It is a criminal offence for a person to provide immigration advice or services in the UK unless their organisation is regulated by the Office of the Immigration Services Commissioner (OISC) or is otherwise covered by the Act.
Unrestricted Travel to and from UK – Non-British citizens do not enjoy these legal rights & immunities. EU & Irish citizens are in special position in these respects
- British citizens have right of abode,, may come & go without hindrance & free from UK immigration control
- Irish & EU citizens have special limited rights which many Commonwealth & aliens lack
Irish Citizens – Not treated as aliens, immigration rules not applied to Irish generally
- Entry may be refused on public good or national security grounds – otherwise little hindrance
- May be expelled or deported under prevention of terrorism legislation
- May vote & hold public office unlike aliens
- Liable to deportation for serious crimes.
EU citizens – Treaties create EU citizenship for all in EU
- EC law gives EU citizens & families great freedom of migration/movement within EU
- Especially for residence, work, business purposes
- Right to vote & stand in local & Euro elections but not Westminster
- Liable to deportation
Common Wealth Citizens – Some special rights compared with Aliens
- g to seek work in UK
- Liable to deportation for serious crime etc
- No right of permanent abode altho may apply for naturalisation etc
Ouafi v Secy of State for the Home Dept. 1997
- Algerian refused political asylum
- Claimed risk of persecution in Algeria by reason of having made asylum application & having failed
- Held by OH following decision of Adjudicator & IAT that there was no well founded fear in this case
Sangha v Secy of State for the Home Dept 1997
- Indian national
- Political asylum application refused
- Home Secy refused application,
- [Sangha abandoned appeal due to bad advice but failure to exhaust remedies was fatal]
- Failure to prove that persecution in India was well founded also fatal