British Citizenship claim Conundrum

Old Mar 17th 2019, 10:06 am
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Default British Citizenship claim Conundrum

Appreciate the communities help with this conundrum, and apologies in advance for length.
I know it has most likely been covered in the plethora of other threads, but as each situation is unique, my head is spinning and more confused than ever.
Brief overview:
I was initially looking at the UK Ancestry Visa and was speaking with my cousin who suggested applying for British Passport as she was issued one in August 2018 after applying online.
Now my cousin was issued a BP on what she believes was our Grandfathers British Military Service in India (Captain)
I similarly applied for BP online and have been refused.

Ancestry:
Me
Paternal Grandfather born Portsmouth 1906
Paternal Grandparents (Grandmother born Melbourne Australia 1917) married 1935 in St Mary's Church Ajmer India.
Father born 1945 British Military Hospital Poona (Pune) India
My parents married 1969 in Brisbane Australia (Mother is Australian and has no immediate UK ancestry on her side)
I was born July 1973 Brisbane Australia
My cousin
Paternal Grandfather born Portsmouth 1906
Paternal Grandparents (Grandmother born Melbourne Australia 1917) married 1935 in St Mary's Church Ajmer India.
Father born 1944 British Military Hospital Poona (Pune) India
Her parents married 1970 in Brisbane Australia (Mother is Australian and has no immediate UK ancestry on her side)
She was born August 1973 Brisbane Australia

Now my analysis based on my bush lawyer research is:
The HMPO refusal letter states that the relevant Act used for assessment of claim is the BNA48 s.12(2)
As my father was born in 1945 in Poona India which was within the Crown’s Dominion, would not Section 1 (1)(a) or 1 (1)(b)(iv) of BNSA Act 1914 apply to my father i.e. he would, under the prevailing Act at the time of his birth, be “deemed” to be a natural - born British subject.
I would then apply BNA48 s.5(1) in that I am a British Citizen by decent by virtue of my father who is deemed to be a natural born British subject.

The conundrum is:
My cousin was born 4 days after I was in the same city/ country, her mother is Australian and has no immediate UK ancestry, her father, was born Poona India 1944 just 13 months prior to my fathers birth.
What am I missing here that my cousin would be entitled to BP, yet I seemingly with such similar UK ancestry as my cousin have been refused?
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Old Mar 17th 2019, 7:00 pm
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Default Re: British Citizenship claim Conundrum

A grandfather in Crown service wouldn’t help if you were born before 1983. Your father may have been considered a natural-born British subject at the time of his birth in 1945 but it is his citizenship status at the time of your birth in Brisbane in 1973 that’s relevant by which time he would’ve been a CUKC by descent.

On the face of it I would say your cousin would not be automatically eligible for a British passport. Did her parents register her birth with the British High Commission?
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Old Mar 17th 2019, 9:18 pm
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Default Re: British Citizenship claim Conundrum

Thanks for the response BritInParis , no her parents did not register her birth with the British High Commission.
The only variance in documents provided to HMPO was that her father still had his old British Passport issued 1991 which she attached a copy with her application.
We do not have an old passport for my father.
My father and his brother became Australian Citizens at the same time in March 1993.

Oh well, one of those vagaries I guess depending on who is reviewing application.
Still have the Ancestry Visa fall back.......
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Old Mar 17th 2019, 9:24 pm
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Default Re: British Citizenship claim Conundrum

If your cousin is willing to help you then she can make a Subject Access Request to HMPO to find out exactly which sections of British nationality law the passport examiner was relying on when she was granted a British passport. It’s free of charge.

https://www.gov.uk/government/public...s-request-form
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Old Mar 18th 2019, 1:04 am
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Default Re: British Citizenship claim Conundrum

Ok thanks, will ask and update here if any further information available.
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