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The Administrative Court today granted permission for a claim to be brought by a non-gendered person, Christie Elan-Cane, challenging the legality of the UK Government’s policy refusing to issue non-gender-specific “X” passports to UK nationals.

The case will now proceed to a full judicial review hearing to determine whether the policy of Her Majesty's Passport Office (HMPO), which requires an applicant for a UK passport to declare their gender as being either male or female, and allows for a passport to be issued only identifying the bearer as either male or female is irrational, breaches the Article 8 ECHR private life rights of transgendered, intersex, non-gendered and non-binary individuals or constitutes unjustified discrimination contrary to Article 14 ECHR.

Kate Gallafent QC and Tom Mountford of Blackstone Chambers act for Christie Elan-Cane, instructed by Narind Singh, Eraldo d’Atri and Anne Collins of Clifford Chance LLP, all acting pro bono.

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