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England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Begum & Ors, R (On the Application Of) v The Entry Clearance Officer, Dhaka  EWHC 2196 (Admin) (05 September 2019)
Cite as:  EWHC 2196 (Admin)
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QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL
B e f o r e :
(SITTING AS A DEPUTY HIGH COURT JUDGE)
| THE QUEEN
(on the application of
SHAMSUN NAHAR BEGUM
and MEHERUBA RAHMAN)
- and -
|THE ENTRY CLEARANCE OFFICER, DHAKA
Mr E Brown (instructed by Government Legal Department) for the Defendant
Hearing dates: 29 January and 19 June 2019
Crown Copyright ©
UT JUDGE GRUBB:
THE HISTORY OF THE CLAIMS
(1) 'precedent fact', namely that on the evidence the court should factually conclude that C1's marriage certificate and C2's birth certificate are genuine and/or they have each established they are related as they claimed to FR, namely his wife (C1) and his daughter (C2); and
(2) public law grounds, namely that the Defendant has reached an irrational decision; failed properly to consider all the evidence; failed to give adequate reasons; and acted unfairly including failing to apply the FtT's earlier decision that had accepted the authenticity of the certificates.
"2. Statement of right of abode in United Kingdom
(1) A person is under this Act to have the right of abode in the United Kingdom if
(a) he is a British citizen; or
(b) he is a Commonwealth citizen who
(i) immediately before the commencement of the British Nationality Act 1981 was a Commonwealth citizen having the right of abode in the United Kingdom by virtue of section 2(1)(d) or section 2(2) of this Act as then in force; and
(ii) has not ceased to be a Commonwealth citizen in the meanwhile."
(2) In relation to Commonwealth citizens who have the right of abode in the United Kingdom by virtue of subsection 1(b) above, this Act, except this section and section 5(2), shall apply as if they were British citizens; and in this Act (except as aforesaid) 'British citizen' shall be construed accordingly."
"(1) A person is under this Act to have the right of abode in the United Kingdom if
(a) he is a citizen of the United Kingdom and Colonies who has that citizenship by his birth, adoption, naturalisation or (except as mentioned below) registration in the United Kingdom or in any other Islands; or
(2) A woman is under this Act also to have the right of abode in the United Kingdom if she is a Commonwealth citizen and either
(a) is the wife of any such citizen of the United Kingdom and Colonies as is mentioned in subsection 1(a), (b) or (c) above or any such Commonwealth citizen as is mentioned in subsection 1(d); or
"2 Acquisition by descent
(1) A person born outside the United Kingdom and the qualifying territories after commencement shall be a British citizen if at the time of the birth his father or mother is
(a) a British citizen; or ."
"4. Form of application
(1) Subject to paragraph (2), an application for a certificate of entitlement must be accompanied by
(a) the applicant's passport or travel document;
(b) Two photographs of the applicant taken no more than 6 months prior to making the application; and
(c) The additional documents which are specified in the right-hand column of the Schedule in respect of an application of a description in the corresponding entry in the left-hand column.
(2) The requirement in paragraph 1(c) may be waived in relation to a particular document if the appropriate authority
(a) is satisfied that it is appropriate to do so in light of the facts of the particular case; and
(b) is otherwise satisfied that the applicant has a right of abode in the United Kingdom."
"Applicant is a Commonwealth (not British) citizen born before 1st January 1983 to a parent who was born in the United Kingdom" (left-hand column)
"(i) Applicant's marriage certificate; and
(ii) Evidence of applicant's husband's right of abode, eg passport or UK birth certificate" (right-hand column)
"Applicant was born outside the United Kingdom and the Falkland Islands on or after 1st January 1983 ." (left- hand column)
"(i) Applicant's full birth certificate showing parents' details;
(ii) Parents' marriage certificate (if claiming through father); and
(iii) Parents' full birth certificate, registration or naturalisation certificate" (right-hand column)
"Issue of certificate of entitlement
6. A certificate of entitlement will only be issued where the appropriate authority is satisfied that the applicant
(a) has a right of abode in the United Kingdom under section 2(1) of the 1971 Act: ."
"5. I never said to the BHC officials that the Kabin Nama of [FR] and [C1] was not genuine.
6. I have had the opportunity to see many Kabin Namas signed by the same Kazi A M Muhuil Haque whose signature also appears on the Kabin Nama shown by Mr M M Hossain. The signature is of (sic) Kazi is familiar to me as I have records of many Kabin Namas signed by the same Kazi. Also the quality of the document demonstrates the age of the document and date on it. Therefore, I sincerely believe this to be a genuine document."
"Record not found. But the signature of Kazi Abu Md Mohimul Haque both the English and Arbi (sic) is [not] matched. But date of marriage was not."
"Record found. But date of Registration not matched."
"Document verified and record found non-genuine."
OBJECTIONS TO, AND ADMISSIBILITY OF, THE EVIDENCE
The 'Precedent Fact' Ground
"In 2012, when she and her mother wished to apply for UK right of abode, they could not find her birth certificate and the Naturalisation Certificate of her father. In mid 2012 she went to the local Chairman for her birth certificate. After four/five days, he issued her the hand-written birth certificate. The chairman confirmed that her birth was registered in 1984 as per the Union record and he gave her this certificate as per the details of the official registration."
The 'Public Law' Grounds
DECISION AND DISPOSAL