Case Law

1. In deprivation of citizenship appeals, consideration is to be given both to the sustainability of the original decision and also whether upon considering subsequent evidence the Secretary of State's maintenance of her decision up to and including the hearing of the appeal is also sustainable. The latter requires an appellant to establish that the Secretary of State could not now take the same view. 2. Decisions of the Upper Tribunal are binding on the First-tier Tribunal, not only in the individual case by virtue of section 12 of the Tribunal, Courts and Enforcement Act 2007, but also as a matter of precedent.

28 June 2022 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Citizenship / Nationality law - Withdrawal of nationality | Countries: Albania - United Kingdom of Great Britain and Northern Ireland

28 December 2020 | Judicial Body: UN Human Rights Committee (HRC) | Topic(s): Citizenship / Nationality law - Statelessness | Countries: Netherlands

25 November 2020 | Judicial Body: South Africa: Supreme Court of Appeal | Topic(s): Citizenship / Nationality law | Countries: Angola - South Africa

This is an appeal against a decision of a refugee and protection officer declining to grant refugee status or protected person status to the appellants who are a mother (the mother) and son (the son). The mother is a citizen of the Ukraine. She is also a Russian citizen. The son was born in New Zealand. There is some dispute concerning his nationality but, as will be seen below, the Tribunal finds him to be entitled to Ukrainian citizenship.

17 February 2020 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Topic(s): Citizenship / Nationality law - Refugee status determination (RSD) / Asylum procedures - Right to family life | Countries: New Zealand - Ukraine

whether the meaning of “a national” as appears in the definition of “receiving country” in s 5 of the Migration Act 1958 (Cth) applies to a person who does not have a present status of a citizen of another country but is capable of acquiring that status – meaning does not apply in such a circumstance

24 June 2019 | Judicial Body: Australia: Federal Court | Topic(s): Citizenship / Nationality law - Statelessness | Countries: Australia - India - Sri Lanka

Citizenship Amendment Act 17 of 2010 - interpretation of s4(3) of the Act - section does not have a retrospective effect - respondents satisfy the requirements of citizenship by naturalisation - failure of the Minister to promulgate regulations for applications for citizenship in terms of s 23 of the Act - the order of the high court directing the Minister to accept applications on affidavits does not encroach upon the doctrine of separation of powers

30 November 2018 | Judicial Body: South Africa: Supreme Court of Appeal | Topic(s): Citizenship / Nationality law - Naturalization - Statelessness | Countries: South Africa

failure to regularize the residence status of a stateless migrant for many years considered violation of Article 8 (right to respect for private life)

26 April 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1954 Statelessness Convention | Topic(s): Citizenship / Nationality law - Right to a nationality - Statelessness | Countries: Albania - Croatia - Serbia

Unofficial Translation

7 September 2017 | Judicial Body: Sudan: Supreme Court | Topic(s): Citizenship / Nationality law | Countries: South Sudan - Sudan

7 September 2017 | Judicial Body: South Africa: High Court | Topic(s): Citizenship / Nationality law | Countries: South Africa

10 February 2017 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Citizenship / Nationality law - Deportation / Forcible return | Countries: Pakistan - United Kingdom of Great Britain and Northern Ireland