- Applied — U3 v Secretary of State for the Home Department 2023-07-14
“… but to two decisions which were either wrong, or irrelevant (paragraphs 73-76 and 77-79). In Pham v Secretary of State for the Home Department [2015] UKSC 19; [2015] 1 WLR 1591, the Supreme Court appeared mistakenly to have thought that section 4 applied to section 2B appeals, when it had been repealed, and had never applied to them, …”
- Cited — Secretary of State for the Home Department v Lisa Smith 2023-04-05
“…Pham v Secretary of State for the Home Department [2015] UKSC 19; [2015] 1 WLR 1591 shows that deprivation is a ‘draconian’ power and can only be exercised when it is proportionate to do so. Mr Southey particularly relied on paragraphs 97-98 a…”
- Cited — R3 v Secretary of State for the Home Department 2023-02-17
“…In a further supplementary skeleton argument dated 22 December 2022, Mr Southey relied on Pham v Secretary of State for the Home Department [2015] UKSC 19; [2015] 1 WLR 1591 and R (RJM) v Secretary of State for Work and Pensions [2009] 1 AC 63. Pham is said to show that the right to enter the United Kingdom is an attribute of citiz…”
- Cited — E3 & Ors. v Secretary of State for the Home Department 2023-01-17
“…appeal to SIAC, SIAC determined whether a person was left stateless by the making of a deprivation order: see Pham v Secretary of State for the Home Department [2015] 1 WLR 1591 at paragraph 101. If so, the decision to deprive a person of British citizenship would be unlawful and a nullity. The purpose of asking SIAC to make findings o…”
- Cited — The Queen (on the application of D4) (notice of deprivation of citizenship) v Secretary of State for the Home Department 2022-01-26
“…he removal of a person’s citizenship engages a person’s fundamental rights: see, for example, Pham v Secretary of State for the Home Department [2015] UKSC 19; [2015] 1 WLR 1591 per Lord Carnwath JSC at [60], Lord Mance JSC at [97], Lord Sumption JSC at [108] and Lord Reed JSC at [120].…”
- Cited — Kaitey (R on the application of) v Secretary of State for the Home Department 2021-12-10
“…In Pham v Secretary of State for the Home Department [2015] UKSC 19; [2015] 1 WLR 1591, at para. 118, Lord Reed JSC said that, in a number of cases concerned with important rights, such as the right of access to justice and legal professional pri…”
- Cited — Laci v Secretary of State for the Home Department 2021-05-20
“…ity test, referring to the well-known dicta of Lord Mance, Lord Carnwath and Lord Sumption in Pham v Secretary of State for the Home Department [2015] UKSC 19, [2015] 1 WLR 1591. Leggatt LJ did not accept the submission as such, which went further than his principle (5) (which refers to proportionality only to the extent that article 8…”
- Cited — KV, R (on the application of) v Secretary of State for the Home Department 2018-11-08
“…In support of this argument Mr Southey relied on dicta of the Supreme Court in Pham v Secretary of State for the Home Department [2015] UKSC 19; [2015] 1 WLR 1591, in particular of Lord Mance at para 98, to the effect that, given the fundamental importance of citizenship, the “tool of proportionality” would be available …”
- Considered — AS (Guinea) v Secretary of State for the Home Department & Anor 2018-10-12
“…ncompass, not just legislation, but also customary practice. In Pham v Secretary of State for the Home Department (Open Society Justice Initiative intervening) [2015] 1 WLR 1591 the Supreme Court considered this aspect of the guidance. The Secretary of State did not question its authority and although Lord Carnwath JSC expressed some c…”
- Cited — Pham v The Secretary of State for the Home Department 2018-09-20
“…pose if he had de jure nationality in another country, even if he was de facto stateless: see Pham v Secretary of State for the Home Department [2015] UKSC 19; [2015] 1 WLR 1591. The Supreme Court adopted a flexible approach to principles of judicial review, particularly where fundamental rights are at stake. Thus the intensity of revi…”
- Considered — Browne v The Parole Board of England & Wales 2018-09-20
“…In two more recent cases, the Supreme Court have also considered this issue and expressly declined to decide it. Thus, in Pham v Home Secretary [2015] 1 WLR 1591 the question of proportionality was raised by issues (ii) and (iii), as identified by Lord Carnwath at paragraph 31 of his judgment. But he then expressly decl…”
- Cited — Browne v The Parole Board of England & Wales 2018-09-20
“…4] UKSC 20, [2015] AC 455, paras 51 and 54, and Pham v Secretary of State for the Home Department (Open Society Justice Initiative intervening) [2015] UKSC 19, [2015] 1 WLR 1591, paras 96, 113 and 115 show, the domestic law may already be moving away to some extent from the irrationality test in some cases.”…”
- Cited — Micula & Ors v Romania (Rev 1) 2018-07-27
“…nces of this case - a solution which is redolent of the wise counsel cited by Leggatt LJ from Pham v Secretary of State for the Home Department [2015] UKSC 19; [2015] 1 WLR 1591, [91] in the possibly different context of a conflict arising from case law which the CJEU had already decided. So far as Article 351 is concerned, I have foun…”
- Cited — Micula & Ors v Romania (Rev 1) 2018-07-27
“…on Alliance Ltd) v Secretary of State for Transport [2014] UKSC 3; [2014] 1 WLR 324, para 79; Pham v Secretary of State for the Home Department [2015] UKSC 19; [2015] 1 WLR 1591, [80], [90]; R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5; [2018] A.C. 61, [41]-[42]. Second, section 2(1) of the 1972 Act refe…”