MK (A Child By Her Litigation Friend CAE), R (On the Application O... 12 of 12 http://www.bailii.org/ew/cases/EWHC/Admin/2017/1365.html to a child's best interests to live in. In particular, it is extremely difficult to see that for C, living in India, which is the country of origin of her parents, and where (so far as I know) all her other relatives are, would be other than in accordance with her best interests. 45. There is no evidence that C has any particular contacts in the United Kingdom. There is no evidence even that she does not speak the language of origin of her parents. She might, I suppose, be assumed to have made some friends in the United Kingdom (though there is no evidence of any) but for a child a move from Wednesbury to Bombay is probably no more destructive of friendships than a move from Wednesbury to Birmingham. 46. Besides, there is no material before me suggesting that in the present case what is needed is a discretionary grant of citizenship rather than a discretionary grant of leave. Nothing has been identified that shows that at the date of the decision under challenge C (on the premise that she was not entitled to citizenship) suffers some particular disadvantage by her lack of citizenship as distinct from her lack of any status at all. 47. It follows that if the claim had depended on these points it would have failed; and it does not appear to me that they are capable of adding anything even if the claim did not wholly depend on them. Decision. 48. For the reasons given earlier in this judgment, C is entitled to registration as a British citizen on proof that she meets the requirements of paragraph 3 of Schedule 2 to the British Nationality Act 1981. For these purposes she was or is 'stateless' at any time when she did or does not in fact have Indian nationality. The Secretary of State is entitled to require her to prove the relevant facts, but is not entitled to impose requirements that cannot, or practically cannot, be met. 49. I grant permission and allow the claim; there will be an Order quashing the decision under challenge. BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: http://www.bailii.org/ew/cases/EWHC/Admin/2017/1365.html 20/05/2021, 15:49