R (on the application of Hysaj and others) v Secretary of State for the Home Department

Nationality – British nationality. The Court of Appeal, Civil Division, dismissed the applicants' appeals against dismissal of their applications for judicial review in respect of the Secretary of State's decision to render null and void the grant to them of British citizenship. There was an implied limitation upon the powers of the Secretary of State to grant citizenship under s 6 of the British Nationality Act 1981. An applicant for naturalisation was not entitled to be naturalised if he had engaged in fraud to impersonate another of such seriousness and of such centrality to the application that had been made as wholly to undermine the statutory process. That implied limitation could not sensibly be read as concerned only with a narrow focus on how to identify the person who had applied for naturalisation simply by reference to whether they had indefinite leave to remain as an identifiable individual.

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