Mahmood, R (on the application of) v Secretary of State for the Home Department
2014
ADMINISTRATIVE COURT
UK
CORAM
- MR JUSTICE GOSS
Areas of Law
- Administrative Law
- Immigration Law
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
The claimant's judicial review of the refusal of her British passport application was dismissed by the High Court. The court held that the decision was lawful and reasonable based on the evidence regarding discrepancies in the claimant's identification documents. DNA testing to prove identity was deemed unnecessary as the identity itself was not established. The potential for future applications remains open based on new evidence.
J U D G M E N T
MR JUSTICE GOSS: This is a claim for judicial review of the Secretary of State for the Home Department's decision, made on 26th March 2013, refusing the claimant's application for a British passport. The claimant seeks an order quashing that decision and declarations that she is entitled to rely on DNA testing to establish that she is the daughter of Ibrahim Mahmood (Deceased), who was a British citizen, and that she is entitled to be granted full British passport facilities.
Permission to bring this claim was granted by Bobbie Cheema QC, sitting as a Deputy High Court Judge, on 9th January 2014, who also extended time to make the claim and gave case management directions.
The claimant is a national of Yemen where she resides. She applied for a UK passport on 8th November 2012. The application was considered by Lesley Tant, a passport officer (Middle East and North Africa). He has provided a witness statement, dated 29th March 2014, to which is exhibited copies of the application, the claimant's Yemeni passport and notes of an interview of the claimant he conducted on 19th March 2013.
Prior to the application being made by the claimant, at the request of solicitors acting on her behalf a request was made in April 2010 to Cellmark for analysis of DNA samples to be taken from the claimant and her brother, Sharif Ibrahim Mahmood, who was in the UK and had acquired British nationality through his parents, to establish their sibling relationship. That process was commenced but stalled through 2011, difficulties being encountered by reason of the closure of the British Embassy in Yemen. By letter dated 20th November 2012 the claimant's solicitors wrote to the British Embassy in Amman, referring to the claimant's entitlement to a British overseas passport through her parents and the suggestion that her identity was confirmed by way of a DNA test. The Overseas Passport Management Unit of the Foreign and Commonwealth Office and the Home Office Identity and Passport Service responded by a letter dated 30th November 2012 in the following terms:
"DNA test results are only considered in support of passport applications after the application has been submitted and all verification checks have been made. This is likely to include an interview. If after that time passport officials assess that they are unable to prove the identity of the applicant, they may offer them the option to submit DNA testing. This will need to be undertaken under our strict g