In the latest blow to the Home Office, the High Court has ruled that part of the British Nationality Regulations 2003, as amended in 2018, is beyond the legal authority/power the Home Office should have.
Parliament previously implemented new regulations under section 40 of the British Nationality Act, which essentially gave the Home Office the power to deprive/strip a person of British citizenship without the need to provide adequate notice if the Home Office is unaware of the persons whereabouts, there is no acting representative, and they do not have a valid corresponding address. They could deprive the individual of British citizenship by simply placing a note on their corresponding Home Office file.
The Home Office appealed against the High Court’s decision as it argued that this could hinder the purpose of the British Nationality Act. Permission to appeal was refused however, the Home Office’s position is clear – it intends to apply directly to the Supreme Court to challenge this landmark decision made by the High Court.
