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Upper Tribunal says children not stateless if they can be registered

The child, born in the United Kingdom, of a foreign national, who seeks to be recognised as stateless, but who can under the law of the parent’s nationality, obtain citizenship of that country by descent by registering their birth, may properly be regarded as admissible to that country , as set out at paragraph 403(c) of HC 395. Though a greater intensity of scrutiny is appropriate in a case such as this, it remains the case that the decision that an individual is not stateless can only be impugned on public law principles.

Source: JM, R (on the application of) v Secretary of State for the Home Department (Statelessness: Part 14 of HC 395) (IJR) [2015] UKUT 676 (IAC) (25 November 2015)

Colin Yeo
Colin Yeo A barrister specialising in UK immigration law at Garden Court Chambers in London, I have been practising in immigration law for 15 years. I am passionate about immigration law and founded and edit the Free Movement immigration law blog.

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