- 1 result found
- 2018
- Acquisition of nationality
- Statelessness determination
- Clear
Court name: Court of Appeal (Civil Division)
State: United Kingdom
Date of decision:
Legal instruments: 1954 Statelessness Convention
Key aspects: Acquisition of nationality, Childhood statelessness, Deportation and removal, Stateless status and documentation, Statelessness determination
The appellant, a child born to a Zimbabwean mother and Portuguese father, was not a recognised national of any country and consequently applied for limited leave to remain in the United Kingdom through paragraph 405 of the Immigration Rules. However, for paragraph 405 of the Immigration Rules to apply, individuals must also satisfy the conditions of paragraph 403, which include a requirement that individuals be inadmissible to any country other than the UK. The Court of Appeal affirmed the Upper Tribunal’s decision that JM was admissible to Zimbabwe and therefore did not qualify for limited leave to remain in the country under paragraph 405.