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An important and high-profile challenge to the fees charged to children applying to be registered as British citizens.
The Administrative Court (Jay J) refused the claimants’ principal ground of challenge, which concerned the vires of the fees within the enabling Act, but held that the Secretary of State had failed lawfully to consider the best interests of children when fixing the fees at their present level. He declined to quash the relevant statutory provisions and issued a leapfrog certificate for onward appeal to the Supreme Court. He also granted the Secretary of State permission to cross-appeal.
Nicholas was led by Sir James Eadie QC.
The judgment can be viewed here.