Hacini, R (on the application of) v Secretary of State for the Home Department

A decision-maker exercising a statutory discretion must address the actual basis of the application and the relevant material. A refusal based on an issue not relied upon by the applicant is unlawful where the decision-maker fails to consider the issue that required determination.

Quashing the decision does not entitle an applicant to the substantive benefit sought. The court cannot assume that the absence of an identified obstacle means that the discretion must be exercised in the applicant’s favour. The statutory discretion must be reconsidered lawfully, taking account of all relevant matters.

The claimant sought judicial review of the Secretary of State’s refusal of his application for naturalisation under section 6(1) of the British Nationality Act 1981. The refusal proceeded on the basis that he had not acquired the necessary residence through marriage to an EEA national.

The claimant’s case was instead based on his alleged acquisition of permanent residence as a member of the household of his EEA-national brother. The Secretary of State accepted that the stated basis of refusal was misconceived but opposed relief under section 31 of the Senior Courts Act 1981, and the claimant sought a declaration that he was entitled to naturalisation.

1. The claim succeeded to the extent that the Secretary of State’s decision of 26 June 2015, as confirmed on 15 January 2016, was quashed. The decision had been reached without consideration of the actual issue relied upon by the claimant, namely his alleged status as a member of an EEA national’s household.

2. The court refused to apply section 31(2)(a) of the Senior Courts Act 1981. There was insufficient evidence to conclude that the outcome would have been highly likely to have been substantially the same if the Secretary of State had considered the application on the proper basis.

3. The claimant was not entitled to a declaration that he should be granted naturalisation. Section 6(1) of the British Nationality Act 1981 confers a discretion. Although that discretion must be exercised lawfully and rationally, it involves consideration of relevant factors and criteria. The absence of an identified bad-character issue did not establish that no such issue, or other relevant issue, existed.

4. The matter was remitted to the Secretary of State for a fresh decision on the material provided. The claimant’s application for permission to appeal against the no-costs order was refused.