High Court Grants Permission in Landmark Nationality Challenge (2 April 2026)

Duncan Lewis Solicitors has secured High Court permission to pursue a significant judicial review challenging the refusal of a nationality claim under section 4L of the British Nationality Act 1948, in a case that directly confronts longstanding unfairness in UK nationality law.

The decision, handed down by Andrew Burns KC, sitting as a Deputy High Court Judge in the King’s Bench Division Administrative Court on 19 March 2026, marks an important step in scrutinising how historic legislative discrimination continues to impact individuals today.

This case reflects the firm’s ongoing work in complex public law and nationality matters, challenging unlawful decision-making and seeking to secure recognition of citizenship rights for those affected by outdated legal frameworks.

The claimant, a national of India born a Citizen of the United Kingdom and Colonies (CUKC), brought the claim after the Home Office repeatedly refused his nationality application. Despite clear arguments that British Overseas Citizen (BOC) status would have been inherited from his mother—rendering him eligible to register as British—the Home Office failed to engage with this central point.

Represented by Duncan Lewis Solicitors, the claimant argued that the Home Secretary’s decision was unlawful. The Secretary of State had relied on a hypothetical assertion that the claimant could not have acquired BOC status, particularly as he later obtained an Indian passport in adulthood.

Crucially, the Judge held that there was an arguable case of historic legislative unfairness under the 1948 Act. Had males and females been treated equally under the law at the time, the claimant would have become a CUKC at birth and subsequently would have been eligible to register as British.

The Court also acknowledged the complexity of the claimant’s dual nationality position. Although born an Indian citizen, Indian law required him to renounce any other citizenship by age 18 to retain Indian nationality. Whilst the defendant argued that the claimant's residence in India suggests he might have chosen to renounce BOC status, the Judge found it arguable, that the claimant would have been able to become a British citizen and ruled that such matters should be determined at a substantive hearing.

The grant of permission means the case will now proceed to a full hearing before the Administrative Court, unless the Home Secretary agrees to settle beforehand.

Legal Team

Kate Guseva, a Solicitor in the Private and Business Immigration Department at Duncan Lewis, works under Mr Ramkissoon’s supervision, managing a diverse caseload with a particular focus on complex nationality claims and other immigration related disputes.

Vicash Ramkissoon, Legal Director in the Business Immigration team at Duncan Lewis, brings over 25 years’ post-qualification experience in corporate and private immigration law. He advises corporate sponsors, SMEs, and high-net-worth individuals across the full spectrum of UK immigration matters.

The claimant is represented by Helen Foot, of Garden Court Chambers, a barrister specialising in judicial review, human rights, and nationality law, instructed by Duncan Lewis Solicitors.