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Court find Character Test to Pre 1st July 2006 Kids unlawful

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Court find Character Test to Pre 1st July 2006 Kids unlawful

Post by Obie » Thu Oct 20, 2016 1:35 pm

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.
Smooth seas do not make skilful sailors

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Court find Character Test to Pre 1st July 2006 Kids unla

Post by Obie » Sun Jan 22, 2017 1:34 am

It will be nice if any person any one with Criminal Record who applied using UKF was rejected on the basis of criminality since October 2016 after the Supreme court ruling.

Please notify me as i am interesting to know.

As present, there has been no policy change or an attempt to put an amendment before parliament to remove this good character requirement.
Smooth seas do not make skilful sailors

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