39. But there can also be disadvantages of having more than one nationality. As a dual citizen, a person is bound by the laws of both countries. Dual citizens may be legally obligated to fulfil military obligations in one or both of the countries of nationality. In some countries there are employment security clearance hurdles for persons who have another nationality. There is also the potential for double taxation. Further, there is the potential difficulty for persons seeking to rely on the opportunity to exercise their rights and benefits as a national of one country, that they have available a separate set of rights and benefits flowing from their other nationality. This last feature is one we will have to consider further in the context of this appeal.
40. Again, however, not all of the above rights and obligations have application to children. 41. Whilst our general overview of basic principles pertaining to nationality helps provide context, it also underscores the hazards of seeking to enunciate any general propositions about the advantages of any particular nationality for a person. As we have seen, the actual content and quality of the rights and benefits attaching to nationality will depend heavily on particular circumstances. As Mr Lindsay observed, it is possible to construct hypothetical examples in which an applicant basing their application for entry clearance on having a British citizen child might be decisive. He suggested the example of the parent of a British citizen child living abroad needing an urgent transplant available only in the UK and where it was imperative for the safety and welfare of the child that the applicant parent accompany the child to the UK. Another possible scenario would be if an applicant whose child only has British nationality is in the position of being unable to access education for that child in their country of origin. At least if there are other obstacles facing the child’s upbringing in that country, the arguments in favour of a finding that denial of entry clearance to the parent would have unjustifiably harsh consequences. might be compelling. 42. But equally it is possible to construct hypotheses where the child involved may in fact suffer no adverse consequences whatsoever in their country of origin, if for example it has a first-class health system and educational system, both fully accessible to the child and the child is perfectly integrated and happy there – and indeed there may be positive advantages to being brought up in their country of origin. In the absence, therefore, of any policy on the part of the respondent to treat it so, we consider it would go too far to say that at the general level “substantial weight” should be attached to the child involved having British citizenship or that there are “powerful reasons” for granting entry clearance. It will be no satisfaction to Mr Lewis, but our answer to his question about this can only be, we think, “[i]t all depends on the particular circumstances”. We shall return to this theme when analysing Article 8 jurisprudence.
- DECISION AND REASONS
- Submissions at the hearing
- General
- Nationality
- 28. At the same time it is also clear that, by virtue of their minority, children are not in a position to exercise some of the rights and benefits ordinarily associated with nationality for so long as they are children. This is a feature highlighted by a leading expert on children and nationality, Jacqueline Bhaba 2 , in her article on “The importance of nationality for children”, Institute on Statelessness and Exclusion, 2017:
- British citizenship and British citizen children
- British citizenship and Union citizenship
- Dual or multiple nationality
- 39. But there can also be disadvantages of having more than one nationality. As a dual citizen, a person is bound by the laws of both countries. Dual citizens may be legally obligated to fulfil military obligations in one or both of the countries of nationality. In some countries there are employment security clearance hurdles for persons who have another nationality. There is also the potential for double taxation. Further, there is the potential difficulty for persons seeking to rely on the opportunity to exercise their rights and benefits as a national of one country, that they have available a separate set of rights and benefits flowing from their other nationality. This last feature is one we will have to consider further in the context of this appeal.
- Specific legal framework
- “Exceptional circumstances
- Section 55
- Statutory provisions and Section 117B(6)
- The Immigration Rules
- Policy
- Case law
- disruption
- Private life
- The appellant’s case
- The Immigration Rules: Appendices FM and FM-SE
- Article 8
- Public interest considerations
- The position of the sponsor
- The option of the children joining the sponsor in the UK on their own
- The option of the sponsor returning to Sri Lanka
- status quo ante
- or the appellant and children being able to live in the UK
- The best interests of the children
- The appellant’s position under the Rules
- Zambrano
- [2012] 1 CMLR 45