Recognising someone as a national by geography, ascribing membership to anyone born on that territory. It was established by Calvin’s Case [1608] but in 1983 Jus Soli was removed from British law.
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Jus Sanguinis
Bloodlines principle, that children of nationals are themselves born nationals no matter of birth place.
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Law of Return
A system of granting citizenship to the children of nationals born abroad, generally with a limit of one (in the UK) or two generations.
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Article 15 of the Universal Declaration of Human Rights 1948
everyone has a right to nationality (however it is rarely enforceable and has no system of working out to which nationality each individual ought to have a right).
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Ex p Manjit Kaur [2001]
Overseas British nationals are not British for the purpose of European Community law.
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6 categories in British Nationality Law:
1. British Citizen 2. British Overseas Territory Citizen 3. British Overseas Citizen 4. British Subjects 5. British Nationals (Overseas) 6. British Protected Persons
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Section 1 of the British Nationality Act 1981
It provides that a person born in the UK after the commencement is a British citizen if at the time of their birth, their mother or father is a British citizen or settled in the UK
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IA1971 S33
Settled means ordinarily resident in the UK without any immigration restrictions
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Section 2 of the British Nationality Act 1981
where a person is born to a British Parent outside the UK they are a BC by descent. Prior to this act BC could only be passed through the father.
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Section 11 of the British Nationality Act 1981
gives BC to anyone born before the commencement of the act who was a CUKC with the right of abode.
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British Overseas Territories Act 2002 Sch 1
Birth in an overseas territory also results in BC if the child’s parents are British or settled in that territory.
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The BNA 1981 Sch 2 hold provisions for statelessness:
- Children born in the UK who would otherwise be stateless are BOTC, BOC or BS’s if either parent has such status. Similar rules apply to those born in British Overseas Territories. - Naturalisation requirements may be waived for children.
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Revenko v SSHD [2000]
Being Stateless does not bring a right to remain in Britain, nor does it make that person a refugee.
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Entitlement to Register - s3(5) BNA 1981
Children of a BC by descent, if either the child and both parents have lived in the UK for three years prior to the date of application
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Entitlement to Register - S3(2) and (3) BNA 1981
Children of a BC by descent , if or the application is made for registration whilst the child is a minor provided at least one of the grandparents was a BC otherwise than by descent
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Entitlement to Register - BNA 1981 S4.
2. BOTCs, BN (overseas), BOCs, BS, BPPS who have been resident in the UK for five years and are so entitled by the BNA 1981 S4.
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Entitlement to Register - S1(3) BNA 1981
3. Children born in the UK whose parent become British, provided they are still minors (S1(3) BNA).
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Entitlement to Register - S1(4) BNA 1981
4. Children born in the UK who live here until 10
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Entitlement to Register - BNA Sch 2 Para 3
5. Persons born stateless in the UK and under 22
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Entitlement to Register - Armed Forces
6. Children of non-British members of the armed forces born abroad
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Entitlement to Register - BNA S3(1).
Other people may be registered at the discretion of the **
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Section 47 of the BCI 2009
Inserted a Good Character clause for most types of registration of an applicant over the age of ten.
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S12 BNA 1981
It is possible to renounce British Citizenship, as set out in S12 BNA 1981. It must be accepted by the **, and is not allowed to leave someone stateless.
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S40 BNA 1981
covers deprivation of citizenship, for example if the application is fraudulent, if a crime is committed within 5 years of getting citizen ships or disloyalty to the crown. They can be left stateless in this situation.
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Fayed v SSHD [1997]
SSHD may have to give reasons for refusal of naturalisation
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R v SSHD [2008] Blake J
"with the abolition of citizenship by registration for adults, no claimant has a right to British citizenship, but only a right o have an application fairly considered under the statutory scheme"
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Harrison v SSHD [2003]
Being recognised as a British citizen is not a civil right covered by Article 6 ECHR
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Other cards in this set
Card 2
Front
Jus Sanguinis
Back
Bloodlines principle, that children of nationals are themselves born nationals no matter of birth place.
Card 3
Front
Law of Return
Back
Card 4
Front
Article 15 of the Universal Declaration of Human Rights 1948
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