Certificate of Entitlement to the Right of Abode
Posted: Tue Dec 16, 2014 2:02 am
Briefing: what is the ‘right of abode’ in UK immigration and nationality law?
Proof of the right of abode
Application
The Nationality, Immigration and Asylum Act 2002 confers the powers of issuing the Certificate of Entitlement to the Right of Abode to the Immigration (Certificate of Entitlement to Right of Abode in the United Kingdom) Regulations 2006 (as amended).
6 (as amended) is true, if 6(a) and 6(b) (as amended) and 6(c) and 6(d) are all true.
6(a) is true, if 2(1) is true.
2(1) is true, if 2(1)(a) or 2(1)(b) is true.
2(1)(a) is true, if the applicant is British (*).
Note that 2(1)(a) does not differentiate on the many ways a person may be British. Consequently, all British citizens automatically have the Right of Abode. So, it doesn't matter how/why the applicant is British. Therefore, 6(a) is always true for all British citizens.
6(c) and 6(d) are also always true for all British citizens, as their failure relates only to Commonwealth citizens with the Right of Abode under 2(1)(b).
Any refusal of issuing the Certificate of Entitlement to the Right of Abode should be due to failing Section 6 (as amended). Since 6(a) and 6(c) and 6(d) are always true for British citizens, the only way that a British citizen may be refused is when Section 6(b) (as amended) fails. That is, it fails when the applicant already holds an alternative evidence of Right of Abode (3(9)), such as a valid British passport, etc.
Significantly, people born from 1983 have the Right of Abode iff they are British.
For Commowealth citizens (non-British citizens),
Secretary of State for the Home Department v Ize-Iyamu [2016] EWCA Civ 118 (01 March 2016)
Akinfolarin v Secretary of State for the Home Department [2016] EWHC 2101 (Admin) (12 August 2016) >
British citizen wrongly denied passport and ordered to leave UK >
Miah, R (on the application of) v Secretary of State for the Home Department [2017] EWHC 2925 (Admin) (17 November 2017)
British citizenship, polygamy and paternity > Huson v Secretary of State for the Home Department (Entry Clearance Officer) (Rev 1) [2021] EWHC 885 (Admin) (14 April 2021)
High Court determines proper interpretation of an original ‘patrial’ provision of the 1971 Act > Murugason v Secretary of State for the Home Department [2022] EWHC 3160 (Admin) (14 December 2022)
Proof of the right of abode
Application
The Nationality, Immigration and Asylum Act 2002 confers the powers of issuing the Certificate of Entitlement to the Right of Abode to the Immigration (Certificate of Entitlement to Right of Abode in the United Kingdom) Regulations 2006 (as amended).
A Certificate of Entitlement to the Right of Abode may be issued, if 6 (as amended) is true.The Immigration (Certificate of Entitlement to Right of Abode in the United Kingdom) Regulations 2006 wrote:Issue of certificate of entitlement
6. A certificate of entitlement will only be issued where the appropriate authority is satisfied that the applicant—
- (a) has a right of abode in the United Kingdom under section 2(1) of the 1971 Act(1);
- Amendments to the Immigration (Certificate of Entitlement to Right of Abode in the United Kingdom) Regulations 2006 > 2(4):
(b) is not a person who holds:
- (i) a United Kingdom passport describing him as a British citizen,
- (ii) a United Kingdom passport describing him as a British subject with the right of abode in the United Kingdom, or
- (iii) a certificate of entitlement;”.
- (c) is not a person whose exercise of his right of abode is restricted under section 2 of the Immigration Act 1988(3) (restrictions on exercise of right of abode in cases of polygaumy); and
- (d) is not a person who is deprived of his right of abode by an order under section 2A of the 1971 Act(4).
6 (as amended) is true, if 6(a) and 6(b) (as amended) and 6(c) and 6(d) are all true.
6(a) is true, if 2(1) is true.
2(1) is true, if 2(1)(a) or 2(1)(b) is true.
2(1)(a) is true, if the applicant is British (*).
Note that 2(1)(a) does not differentiate on the many ways a person may be British. Consequently, all British citizens automatically have the Right of Abode. So, it doesn't matter how/why the applicant is British. Therefore, 6(a) is always true for all British citizens.
6(c) and 6(d) are also always true for all British citizens, as their failure relates only to Commonwealth citizens with the Right of Abode under 2(1)(b).
Any refusal of issuing the Certificate of Entitlement to the Right of Abode should be due to failing Section 6 (as amended). Since 6(a) and 6(c) and 6(d) are always true for British citizens, the only way that a British citizen may be refused is when Section 6(b) (as amended) fails. That is, it fails when the applicant already holds an alternative evidence of Right of Abode (3(9)), such as a valid British passport, etc.
Significantly, people born from 1983 have the Right of Abode iff they are British.
Now also subject to the Counter-Terrorism and Security Act 2015.ROA4 Basis of a person’s claim to right of abode wrote:The only way to acquire the right of abode since 1 Jan 1983 has been by becoming a British citizen.
For Commowealth citizens (non-British citizens),
Where2(1)(b) wrote:he is a Commonwealth citizen who—
(i) immediately before the commencement of the M1British Nationality Act 1981 was a Commonwealth citizen having the right of abode in the United Kingdom by virtue of section 2(1)(d) or section 2(2) of this Act as then in force; and
(ii) has not ceased to be a Commonwealth citizen in the meanwhile.
2(1)(d) wrote:he is a Commonwealth citizen born to or legally adopted by a parent who at the time of the birth or adoption had citizenship of the United Kingdom and Colonies by his birth in the United Kingdom or in any of the Islands.
Applications from 6th April 2015:2(2) wrote:A woman is under this Act also to have the right of abode in the United Kingdom if she is a Commonwealth citizen and either—
(a) is the wife of any such citizen of the United Kingdom and Colonies as is mentioned in subsection (1)(a), (b) or (c) above or any such Commonwealth citizen as is mentioned in subsection (1)(d); or
(b) has at any time been the wife—
but in subsection (1)(a) and (b) above references to registration as a citizen of the United Kingdom and Colonies shall not, in the case of a woman, include registration after the passing of this Act under or by virtue of section 6(2) (wives) of the British Nationality Act 1948 unless she is so registered by virtue of her marriage to a citizen of the United Kingdom and Colonies before the passing of this Act.
- (i) of a person then being such a citizen of the United Kingdom and Colonies or Commonwealth citizen; or
- (ii) of a British subject who but for his death would on the date of commencement of the British Nationality Act 1948 have been such a citizen of the United Kingdom and Colonies as is mentioned in subsection (1)(a) or (b);
Related caselaw:Application to reconsider a decision for a certificate of entitlement to the right of abode wrote:There is no legal right of appeal or review of a right of abode decision, but if you believe it is incorrect, you can apply for it to be reconsidered by completing the enclosed Form RROA. A fee of £80.00 is payable for reconsideration and should accompany your application.
Secretary of State for the Home Department v Ize-Iyamu [2016] EWCA Civ 118 (01 March 2016)
Akinfolarin v Secretary of State for the Home Department [2016] EWHC 2101 (Admin) (12 August 2016) >
Rasul, R (On the Application Of) v Secretary of State for the Home Department [2017] EWHC 1306 (Admin) (31 May 2017)27 wrote:I do not accept the claimant's contention that section 3 (9) (e) of the 1971 Act reads as providing that the certificate of entitlement confers the status of right of abode. In my view the certificate of entitlement represents confirmation of the right of abode and no more. The claimant's argument that the inclusion in the previous section 82 (2) (c) of the Nationality, Immigration Asylum Act 2002 of an express right of appeal only from the refusal of a certificate of entitlement must be interpreted as meaning that a certificate of entitlement and right of abode are one and the same is placing a detail of construction upon the provision which it does not bear.
British citizen wrongly denied passport and ordered to leave UK >
Miah, R (on the application of) v Secretary of State for the Home Department [2017] EWHC 2925 (Admin) (17 November 2017)
British citizenship, polygamy and paternity > Huson v Secretary of State for the Home Department (Entry Clearance Officer) (Rev 1) [2021] EWHC 885 (Admin) (14 April 2021)
High Court determines proper interpretation of an original ‘patrial’ provision of the 1971 Act > Murugason v Secretary of State for the Home Department [2022] EWHC 3160 (Admin) (14 December 2022)