R (on the application of Mahmood) v Secretary of State for the Home Department

Crown – Prerogative. The claimant Yemeni national issued judicial review proceedings, seeking the quashing of the defendant Secretary of State's decision refusing her application for a British passport and a declaration that she was entitled to rely on DNA testing. The Administrative Court, in dismissing the application, held that the Secretary of State had been entitled to conclude that the claimant had failed to establish her identity and, accordingly, the stage of establishing her relationship had not been reached, such that the issue of DNA testing had not arisen on the evidence available to the Secretary of State.

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