The Supreme Court has declared that the application of character test to children who would have been a British Citizen at birth, had they not been born out of wedlock, is unlawful.
Johnson, R (on the application of) v Secretary of State for the Home Department [2016] UKSC 56 (19 October 2016).
It unfortunately did not rule that the Changes on the 1st July 2006 must be applied retrospectively, but it however state that the criminal record acquired by Mr Johnson should not preclude him from qualifying, due to the historical discrimination caused by the fact that his parents were not married at the time of his birth.
It follows from the is decision, that those person born out of wedlock before 1-07-2006 cannot be refused Registration owing to a criminal record.
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