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Nationality

British citizenship — Acquisition — Family of Islamic extremist applying for naturalisation — Secretary of State refusing application as deterrent to potential extremists — Whether error in Secretary of State’s approach — British Nationality Act 1981, s 6(1)

4 February 2016

Regina (MM) v Secretary of State for the Home Department [2015] EWHC 3513 (Admin); [2015] WLR (D) 503

QBD: Ouseley J

  • 3 December 2015

The Secretary of State for the Home Department had no discretion to refuse citizenship by naturalisation under section 6(1) of the British Nationality Act 1981 in order to deter potential extremists from their activities through knowing that family members would not be naturalised in consequence.

Ouseley J so held when allowing a claim for judicial review by the claimants, MM, GY and TY, challenging the refusal of the defendant, the Secretary of State for the Home Department, to grant them citizenship by naturalisation.

The claimants were a mother and her two adult child...

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