R (Project for the Registration of Children as British Citizens) v Secretary of State for the Home Department
The fee for registering a child as a British citizen, which was set at a level well above the administrative cost and was unaffordable for many families, was lawful because Parliament had authorised it.
Facts
Under the British Nationality Act 1981, children born in the United Kingdom who are not British citizens at birth may be entitled to be registered as British citizens. The Home Office charged a fee of 1,012 pounds for registration, of which only about 372 pounds represented the administrative cost, the rest being used to fund the immigration system. Many children were unable to register because their families could not afford the fee. A charity challenged the fee, arguing that the Home Secretary had failed to take into account the best interests of the children.
Legal principle
The Supreme Court dismissed the appeal. Lord Hodge said that Parliament had expressly authorised the Home Secretary to set fees above the administrative cost, to fund the immigration and nationality system, and that the duty to have regard to the best interests of children under section 55 of the Borders, Citizenship and Immigration Act 2009 did not override the clear policy of the statute. The Home Secretary had considered the best interests of children, and the question whether the fees were set at an appropriate level was a political matter for the Home Secretary and Parliament, not the courts. The decision was criticised by children's rights groups.
Related cases on immigration detention, nationality and the Immigration Rules
- Baumbast and R v Secretary of State for the Home Department Case C-413/99, [2002] ECR I-7091
- Dano v Jobcenter Leipzig Case C-333/13, EU:C:2014:2358
- Metock v Minister for Justice, Equality and Law Reform Case C-127/08, [2008] ECR I-6241
- Pham v Secretary of State for the Home Department [2015] UKSC 19, [2015] 1 WLR 1591
- R (Alvi) v Secretary of State for the Home Department [2012] UKSC 33, [2012] 1 WLR 2208
- R (Begum) v Special Immigration Appeals Commission [2021] UKSC 7, [2021] AC 765
- R (Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) [2015] EWCA Civ 840
- R (Kambadzi) v Secretary of State for the Home Department [2011] UKSC 23, [2011] 1 WLR 1299
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