Case Study 6: Registration as British Citizen

Y and N – Citizens of Morocco. In this matter the United Kingdom passport service issued Y and N with British citizen passports in January 2001. Their claim to British nationality was through their father, Mr FO, who is a British citizen by registration under Section 3(1) under the British Nationality Act 1981.

However not all types of registration allow nationality to be passed to a further generation born abroad. Section 14(1) BNA 1981 defines who becomes a British citizen by descent on 1 January 1983. Under this section a person registered under Section 3(1) BNA 1981 becomes a British citizen by descent if at the time of his/her birth he/she has a parent who was a British citizen. As Mr FO’s mother was a British citizen, Mr FO was a British citizen; Mr F O was a British citizen by descent and therefore could not automatically pass his British nationality to any children born overseas.

Unfortunately, the United Kingdom passport office incorrectly assessed Y and N’s applications and the passports were issued in error and representations were made on the basis that such refusal now to grant British citizenship to them was a breach of their human rights, and they have a legitimate expectation to continue benefiting from such a grant.

At the same time they had applied for registration as British citizens from the British Embassy in Casablanca. These applications were dispatched to the Home Office for consideration. Expert evidence was obtained to show that withdrawal of their British passports would cause Y and N difficulties in Morocco because they were only able to study at a British Institution there because they were thought to be British citizens. Since their passports had been revoked it was argued that they were stateless. Furthermore, they had not lived in the UK and had no connection with this country to be registered as British citizens in any event.

Finally, as a result of pressure on the Foreign and Commonwealth Office to remedy the situation created by them in the first place, the British Government granted both Y and N Certificates of Registration as British citizens notwithstanding that they continue to be educated in Morocco and will be living there for the foreseeable future. The work was carried out by Bernard Andonian.