Laci v Secretary of State for the Home Department (Deprivation; fraud; procedure)
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What was at stake
Case addressing procedural issues and fraud allegations in deprivation of citizenship proceedings.
What the court decided
The Upper Tribunal held that the First-tier Tribunal had made a material error of law in a section 40(3) British Nationality Act 1981 deprivation-of-citizenship appeal by applying a public-law review standard to the question of whether fraud, false representation or concealment had occurred. Following the Court of Appeal in Chaudhry (which superseded Ciceri/Chimi), the correct approach is that the FtT must (1) find as primary fact whether there was fraud/false representation/concealment, then (2) review on public-law grounds the causation (condition-precedent) question, (3) review on public-law grounds the Secretary of State's exercise of discretion, and (4) independently determine any human-rights/other legal-obligation breaches. The FtT's decision was set aside.
Categories
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