immigration law Cases

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R v Secretary of State for the Home Department Ex P Naheed Ejaz (1994) 2 WLR 534

Immigration law: Revocation of citizenship

British citizenship can only be withdrawn by the Secretary of State by procedure laid down by Section 40 (1) of the British Nationality Act 1981.

A woman married a British passport holder and was granted naturalisation on this basis and British passport. It was subsequently discovered that the husband has been fraudulent in possession of the passport, sought to cancel the wife's passport as a nullity and held her as an illegal entrant.

The court held that the Secretary of State action was unlawful because deprivation of British nationality is governed by section 40 of the Act.