23 June 2017
R (on the application of MK (a child by her litigation friend CAE)) v Secretary of State for the Home Department [2017] EWHC 1365 (Admin), [2017] All ER (D) 84 (Jun)
The Administrative Court allowed the claimant’s application for judicial review of the defendant Secretary of State’s refusal of her application for registration as a British citizen on the basis that she was stateless. The claimant was stateless at any time when she had not had Indian nationality and was entitled to registration as a British citizen on proof that she met the relevant statutory requirements. The Secretary of State was not entitled to impose requirements that could not, or practically could not, be met.
