R (Pham) v Secretary of State for the Home Department
[2015] UKSC 19
Ratio Decidendi
Deprivation of citizenship must not render a person stateless, but the question of statelessness depends on the law of the other country of nationality, and the Secretary of State is entitled to make her own assessment of foreign law.
ข้อเท็จจริง
Mr Pham, a naturalised British citizen originally from Vietnam, was deprived of his British citizenship on the ground that it was conducive to the public good. He argued this would render him stateless.
สรุปคำพิพากษา
The Supreme Court held that the assessment of whether deprivation would render a person stateless requires examination of the law of the other state. The Secretary of State's assessment that Mr Pham retained Vietnamese nationality was upheld.
คำกล่าวสำคัญ
"The question whether a person holds another nationality is one of fact, depending on the law of the state in question."
— Lord Mance
การอ้างอิงภายหลัง
Followed in subsequent statelessness and citizenship deprivation cases.