R (on the application of O (a minor, by her Litigation Friend AO)) (Appellant) v SSHD (Respondent)

Описание: UKSC 2021/0062
UKSC 2021/0063

R (on the application of O (a minor, by her Litigation Friend AO)) (Appellant) v Secretary of State for the Home Department (Respondent)

R (on the application of The Project for the Registration of Children as British Citizens) (Appellant) v Secretary of State for the Home Department (Respondent) Court of Appeal (Civil Division)

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.

The issue is:

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?

The Supreme Court unanimously dismisses the appeal. Lord Hodge gives the lead judgment, with whom Lord Briggs, Lord Stephens and Lady Rose agree. Lady Arden gives a concurring judgment.

More information is available on our website UKSC 2021/0062 and UKSC 2021/0063