header-logo header-logo

20 October 2016
Categories: Legal News
printer mail-detail

"Good character" citizenship requirement incompatible with ECHR

A man who moved to the UK from Jamaica as a four year-old, became involved in serious crime as a teenager and was convicted of manslaughter at the age of 23, has won a legal challenge against deportation.

The Supreme Court, in Johnson v Home Secretary [2016] UKSC 56, also made a declaration that the “good character” requirement for citizenship is incompatible with Convention rights.

Lady Hale said: “It is not reasonable to impose the additional hurdle of a good character test upon persons who would, but for their parents’ marital status, have automatically acquired citizenship at birth, as this produces the discriminatory result that a person will be deprived of citizenship status because of an accident of birth which is no fault of his.”

The man, Mr Johnson, missed out on gaining British citizenship because his British father and Jamaican mother did not marry. He would have been a British citizen if they had wed, if his mother rather than his father had been British, or if he or his father had made an application while he was a child or, after the age of 16, of good character.

The Home Office sought to deport him as a “foreign criminal” under s 32(5), UK Borders Act 2007. Mr Johnson argued this would breach his Art 8 right to family life and be unlawfully discriminatory under Art 14 since he would not be liable to deportation had his parents been married.

The Court of Appeal found in favour of the Home Office. Ruling in the Supreme Court, however, Lady Hale and four Justices unanimously held that Mr Johnson should be allowed to remain in the UK.

Delivering the lead judgment, Lady Hale said reform of provisions discriminating against children of unmarried parents meant that since 2006, a person in Mr Johnson’s position would be given automatic British citizenship at birth.

Lady Hale said birth outside wedlock was a “status” for the purpose of Art 14 and fell within the class of “suspect” grounds where very weighty reasons were required to justify discrimination. What needed to be justified was Mr Johnson’s liability to deportation when he would not be liable but for the accident of birth outside wedlock fro which he was not responsible. No justification had been suggested for this and therefore it could not be said that Mr Johnson’s claim that deportation would breach his Convention rights was clearly unfounded.

Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Expert witnesses face a multitude of risks and uncertainties when using artificial intelligence (AI) in their reports, IT specialists have warned
The Ministry of Justice (MoJ) has accepted Richard Lloyd’s recommendations for the Legal Services Board (LSB) and ordered a ‘comprehensive review of the regulatory framework’, likely to continue beyond 2029
More than one-third of expert witnesses now use artificial intelligence (AI) regularly or occasionally in their work, according to Bond Solon’s 2026 expert witness survey
General counsel have warned law firms not to keep artificial intelligence (AI) savings to themselves or risk losing work
Some 53 firms have been successfully assessed for legal aid contracts for inquest work and will now move to the verification stage, the Legal Aid Agency has confirmed
back-to-top-scroll