Retrospective Effect CASES

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N3 v Secretary of State for the Home Department [2025] UKSC 6 (26 February 2025)

An individual acquired British citizenship through identity fraud. The Supreme Court held that the Home Secretary's decision to treat the citizenship as a nullity has retrospective effect, meaning he was never a citizen, but that any subsequent removal decision engages Article 8 ECHR. Facts The appellant, ‘N3’, an Albanian national, entered the UK in 1999 as a minor. He falsely claimed to be a Kosovan refugee to claim asylum and was granted indefinite leave to remain in 2000. In 2005, on the basis of his fraudulently obtained status, he was naturalised as a British citizen under the British Nationality Act