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.

Citation
[2022] UKSC 3
Court
Supreme Court
Year
2022
Subject
Immigration and Asylum Law
Topic
Immigration detention, nationality and the Immigration Rules

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.

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