Court : House of Lords
Decided on : Oct-22-2008
..... , the common law position must in my opinion be that every british citizen has a right to enter and remain in the constitutional unit to which his or her citizenship relates. that is the case with the united kingdom. in relation to overseas territories acquired by the crown, there exists in ..... exile as the common law confers on citizens of the united kingdom: see para 151 above. after 1965, the only constitutional unit to which mr bancoults and other chagossians citizenship and right of abode related was biot. as mr j h lambert pointed out in a confidential memorandum on the status ..... it and the law may take it away. in this context i do not think that it assists the argument to call it a constitutional right. the constitution of biot denies the existence of such a right. i quite accept that the right of abode, the right not to be expelled from ..... adaptations, qualifications and exceptions as local circumstances rendered necessary). 155. however, no such distinction exists as regards public law, or in particular as regards constitutional questions including the nature and extent of the crowns prerogative. even where the crown acquires overseas dominions by conquest or cession, the relationship between the ..... biot) is situated south of the equator, about 2200 miles east of the coast of africa and 1000 miles south-west of the southern tip of india. it consists of a group of coral atolls known as the chagos archipelago of which the largest, diego garcia, has a land area of about .....Tag this Judgment!
Court : House of Lords
Decided on : Nov-12-2008
..... year following the date of accession to decide to apply article 1 to 6 of regulation 1612/68 instead of national measures. on 24 april 2006 the minster for immigration, citizenship and nationality announced in a written statement that he had decided that the worker registration scheme would continue beyond 1 may 2006. but the need for the scheme would be ..... that are before your lordships. the community law background 4. the starting point is to be found in the ec treaty. article 18ec sets out one of the rights of citizenship of the union. it provides that every citizen shall have the right to move and reside freely within the territory of the member states. article 39ec provides that freedom of .....Tag this Judgment!