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Montana, R (on the application of) v Secretary Of State For Home Department, Court of Appeal - Administrative Court, November 23, 2000, [2000] EWHC Admin 421
Case No: C/2000/0386
IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL (QUEEN'S BENCH DIVISION)
ON APPEAL FROM THE HON. MR. JUSTICE TURNER
Royal Courts of Justice
Strand, London, WC2A 2LL
Thursday 23 November 2000.
B e f o r e :
LORD JUSTICE SCHIEMANN
LORD JUSTICE TUCKEY
and
SIR SWINTON THOMAS
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(Transcript of the Handed Down Judgment of
Smith Bernal Reporting Limited, 190 Fleet Street
London EC4A 2AG
Tel No: 020 7421 4040 020 7421 4040, Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
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Miss Dinah Rose (instructed by Liberty) for the Appellant
Robin Tam (instructed by The Treasury Solicitor London SW1H 9JS) for the Respondent
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Judgment
As Approved by the Court
Crown Copyright ©
Introduction. This is the judgment of the court. The case raises the question whether the policy adopted by the Secretary of State for exercising a statutory discretion to register a child as a British citizen is unlawful. It arises on appeal from Turner J. who decided that it was not when dismissing the Appellant, Mario Montana's application for judicial review of the Secretary of State's refusal to register his son Julian as a British citizen. The Judge also rejected the Appellant's contention that the Secretary of State's decisi...
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