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 Post subject: a question
PostPosted: Tue, 07 Nov 2006 01:15:07 +0000 
How about suing the government for refusing to issue a passport ?

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PostPosted: Wed, 08 Nov 2006 14:48:00 +0000 
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That would assume that everyone had a legal right to a passport.

Do they?

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PostPosted: Thu, 09 Nov 2006 20:24:09 +0000 
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My first answer would be no: passports are issued (or not issued) under prerogative. And they can be withdrawn. The theory is you don't need a passport to leave or enter the country.

People use "British Passport" as a synonym for "British Citizen", but it ain't necessarily so. If you hold a passport it is evidence you are a citizen, but not the other way around.

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PostPosted: Fri, 10 Nov 2006 18:01:26 +0000 
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The theory is you don't need a passport to leave or enter the country

Except, according to border control, you do...
So that raises the question, does the withdrawal of a passport (because you're a naughty football hooligan maybe) breach the freedom to travel to another EU country as you can't travel there without one? Or, does the requirement to show a current passport in order to leave or enter the country infer a right on an individual to have a passport so that they can travel freely?

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PostPosted: Tue, 14 Nov 2006 15:44:46 +0000 
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You don't need a passport to travel to another EU country do you?

I thought that was half the point of being in the EU... :?

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PostPosted: Tue, 14 Nov 2006 17:15:17 +0000 
Mr.Clark wrote:
You don't need a passport to travel to another EU country do you?

I thought that was half the point of being in the EU... :?


Generally you don't need one to enter or leave one EU country for another, but you mostly do to enter or leave Britain in practice, if not in law. Thank our enlightened Home Office for that.


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 Post subject: Issued by the queen
PostPosted: Thu, 21 Dec 2006 09:01:14 +0000 
I thought, and I could well be wrong, that the british passport granted the holder passage though borders by order of the crown NOT the government. If so how can the government deny citizens access to a document issued by the crown?


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PostPosted: Thu, 21 Dec 2006 11:00:51 +0000 
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Not quite: it's in the name of the Crown but issued by the govt (secretary of state).

The text is: Her Britannic Majesty's Secretary of State requests & requires in the name of Her Majesty all those whom it may concern to allow the bearer to pass freely without let or hindrance and to afford the bearer such assistance & protection as may be necessary.

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PostPosted: Wed, 27 Dec 2006 13:24:12 +0000 
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liz wrote:
Not quite: it's in the name of the Crown but issued by the govt (secretary of state).

The text is: Her Britannic Majesty's Secretary of State requests & requires in the name of Her Majesty all those whom it may concern to allow the bearer to pass freely without let or hindrance and to afford the bearer such assistance & protection as may be necessary.


But ...

"Her Britannic Majesty's Secretary of State" is appointed by the queen (albeit indirectly). Therefore is it the case that the issuing of a passport is the will of the Crown?


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PostPosted: Thu, 28 Dec 2006 01:16:57 +0000 
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A moot point, but even if it were, then the refusal to issue by the SSHD would also be the will of the Crown.

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PostPosted: Thu, 28 Dec 2006 02:48:52 +0000 
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The issuing of passports is a Royal Perogative power, ie an area not governed by statute where there is little to no restriction in what the government can and can't do.

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 Post subject: Re: Issued by the queen
PostPosted: Sun, 31 Dec 2006 14:53:08 +0000 
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Chemlock wrote:
I thought, and I could well be wrong, that the british passport granted the holder passage though borders by order of the crown NOT the government. If so how can the government deny citizens access to a document issued by the crown?


It doesn't grant any right of passage in itself. You are (at least in theory) entitled to enter and leave the UK without a passport if you have a right of residence. The Crown does not control the borders of other states, and they may choose to permit or decline passage British passport holders as a class or individually as they see fit. That's a function of visas. Not all borders require formallity of any kind. If you can get out of HMP GB, our nearest neighbours couldn't care less about your passport at borders.

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