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22 May 2015
Issue: 7653 / Categories: Case law , Law digest , In Court
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Citizenship

R (on the application of Williams by his father and litigation friend Richard Williams) v Secretary of State for the Home Department [2015] EWHC 1268 (Admin), [2015] All ER (D) 96 (May)

The claim raised the important issue of whether the defendant secretary of state could refuse a child’s application for British nationality where the child met all the requirements, but as a result of destitution, could not pay the required fee. The Administrative Court held that, in refusing the claimant’s application, the secretary of state had not acted outside her powers. Further, she had not breached her duty, under Art 8 of the European Convention on Human Rights, to respect family and private life or her duty, under Art 14, read with Art 8, of the Convention, by discriminating on the ground of impecuniosity.

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NEWS
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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
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