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Project for the Registration of Children of British Citizens

Project for the Registration of Children of British Citizens

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Registration of children by discretion and Home Office revised policy guidance (section 3(1) British Nationality Act 1981)

Jul 18, 2022

The policy guidance has been revised in light of PRCBC’s last court challenge (Ojeh v SSHD). In April 2021, this court case settled without a final hearing with the Home Office agreeing to review their policy guidance. The new Home Office policy guidance can be found HERE.

In the last 8 years, PRCBC have had to bring numerous judicial review claims challenging the Home Office policy and practice under section 3(1) BNA 1981 (registration of children by discretion). We are therefore very pleased to see some positive changes in their revised guidance dated 18 July 2022.

You may particularly like to note the section of the new guidance on Children who have lived in the UK for more than 10 years, which can be found at page pp29-31.

As always, we are grateful to individuals and organisations for their support:

  1. Our former young consultants/ambassadors for providing witness statements in our last section 3(1) discretion court case (Toni-Anne Murphy, Dajay Brown, Precious Arabambi, Linden Mercurius and Mubarak Tairu);
  2. Other solicitors, counsels and paralegal who have in the past supported PRCBC with section 3(1) higher court cases (Declan O’Callaghan (previously at Landmark Chambers), Amanda Weston QC (Garden Court chambers), Alison Harvey (N.o 5 Chambers), Laurie Fransman QC (Garden Court chambers), Ronan Toal (Garden court chambers) and Neelma Iqbal;
  3. Our former and current pro bono volunteers who have provided support with our section 3(1) applications (Steve Valdez-Symonds, Mike Poulter, Dirghayu Patel, Amarjit Ahluwalia, Kitty Falls and Naz Mahmoudzadeh);
  4. Our legal team in our last court case, Ojeh v SSHD (Adrian Berry (Garden Court Chambers), Admas Habtelasie (Landmark chambers);
  5. In Parliament with written questions and debates (Baroness Lister and Stuart McDonald MP).
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Charity number: 1187681 · Address: Second Floor, 23 Eyot Gardens, London W6 9TR

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