Although the MK judgment has not changed the law in relation to paragraph 3 of Schedule 2, British Nationality Act 1981, it should lead to better Home Office decisions in relation to registration by entitlement under this provision.
This judgment is also a reminder to practitioners to properly evidence rights of registration by entitlement.
You might wish to see the ILPA note on MK and/or LexisNexis note (membership/subscription required):
Note for ILPA (ILPA members only) on a recent High Court judgment of MK v SSHD (evidence and meaning of stateless in relation to registration of British citizenship by entitlement of stateless children born in the UK):
Note for Lexis Nexis (subscription only) on High Court judgment in MK v SSHD:
You might also wish to look at article and blog on this provision:
Stateless children born in the UK:
Blog for ENS on stateless children born in the UK with an entitlement to registration:
PRCBC experience is that Home Office poor decision making may be compounded by cases being poorly evidenced by those seeking to register.
The recent Home Office decision to change all nationality instructions into nationality guidance has meant that the new nationality guidance in relation to registration of British citizenship by entitlement of stateless children is less informative than what used to be chapter 15 of the nationality instructions, but in essence nothing has changed in terms of contents.