QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
London WC2A 2LL
B e f o r e :
|THE QUEEN ON THE APPLICATION OF PARKER||Claimant|
|SECRETARY OF STATE FOR THE HOME DEPARTMENT||Defendant|
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Ms R Murray (instructed by the Treasury Solicitor) appeared on behalf of the Defendant
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i. "(3)Subject to subsection (8) of this section, a person shall not cease to be a citizen of the United Kingdom and Colonies under the last preceding subsection if he, his father or his father's father—
ii. (a)was born in the United Kingdom or in a colony; or
iii. (b)is or was a person naturalised in the United Kingdom and Colonies; or
iv. (c)was registered as a citizen of the United Kingdom and Colonies; or
v. (d)became a British subject by reason of the annexation of any territory included in a colony.
vi. (4)A person shall not cease to be a citizen of the United Kingdom and Colonies under subsection (2) of this section if he was born in a protectorate or protected state, or if his father or his father's father was so born and is or at any time was a British subject.
viii. (8) Any reference in subsection (3) or subsection (4) of this section to a colony, protectorate or protected state shall, subject to the next following subsection, be construed as a reference to a territory which is a colony, protectorate or protected state on the appointed day; and the said subsection (3) shall not apply to a person by virtue of any certificate of naturalisation granted or registration effected by the governor or government of a territory outside the United Kingdom which is not a colony, protectorate or protected state on that day."
i. "The claimant was born in Jamaica on 28 July 1958 and became a Citizen of the United Kingdom and Colonies on birth. By virtue of the provision of section 2(2) of the Jamaica Independence Act 1962 she ceased to be a Citizen of the United Kingdom and Colonies on the appointed day, 6 August 1962, when she became a citizen of Jamaica on that day that she was born in Jamaica. The exceptions provided by section 2(3) of the 1962 Act do not apply given the definition of colony in section 2(8)."