Mr Rauf,
who was legally represented, made a relatively detailed witness statement which was submitted to the FtT. The Secretary of State’s decision had noted that this Appellant has five British citizen children, aged between 8 and 15 years. In his statement, this Appellant makes a bare, unparticularised reference to “ my wife and children ”. The remainder of his statement consists of much advocacy and little concrete evidence. The decision of the FtT contains the following passage: “ He told us that he has five children between the ages of 9 and 16. They went to Pakistan to see relations in April 2015. He said that none of them have any medical problems but are upset. When asked how he thought that deprivation of his British citizenship would affect them, he said that it would be a very hard life for them without him. They would be very upset. He said that this was because he looks after them financially and takes them to and from school. His wife cannot drive and she is not educated and there are no other relatives in the UK who can look after the children … he told us that all his children were in education and doing well at school. ” As appears from the following passage, this Appellant evidently did not proactively alert the FtT to the full picture: “ In subsequent re-examination it came out that in fact the Appellant is not living with his wife and children currently. He said it was a condition of his licence that he cannot go to Rochdale which is where they live. He sees them on Saturdays during the day. He confirmed therefore that he is not currently taking or collecting them from school nor is he in employment and providing for them financially … he has not worked since he was released from prison in November 2014. His licence will expire in November 2017 and he is on the Sex Offenders Register for an indefinite period. ” (c) In the case of the fourth Appellant,
- Introduction
- Abdul Aziz
- Statutory Framework
- The Secretary of State’s Decisions
- content
- The Secretary of State’s Decisions Analysed
- Permission to Appeal
- GROUND 1: THE SECTION 55 ISSUE
- Khan
- Mr Khan,
- Mr Rauf,
- Mr Aziz,
- The FtT’s Approach
- context
- legal
- only
- naturalisation
- JO and Others (Section 55 Duty) Nigeria
- MK (Section 55 – Tribunal Options) Sierra Leone
- Kaur (Section 55/Public Interest Interface)
- JO Nigeria
- twofold
- MK Sierra Leone
- possibility
- Kaur
- SS (Nigeria) v Secretary of State for the Home Department
- in the circumstances of this case
- in this decision-making context
- right
- duty
- Deliallisi
- Delliallisi
- nature
- GROUND 2: THE EU LAW ISSUE
- G1 v Secretary of State for the Home Department
- Pham
- AB (Nigeria v Secretary of State for the Home Department
- their fathers
- future
- R (G1)
- GROUND 3: THE POLICY ISSUE
- Paragraph 2.5:
- Paragraph 2.6:
- Paragraph 2.7:
- Paragraphs 2.20 – 2.21:
- might
- serious
- serious organized crime
- policy
- R (Alconbury Developments) v Secretary of State for the Environment, Transport and the Regions
- What is crucial is that the policy must not fetter the exercise of the discretion.
- R v Secretary of State for the Home Department, ex parte Ozminnos
- In Re McFarland
- GROUND 4: THE ARTICLE 8 ECHR ISSUE.
- GROUND 5: THE PART 5A NIAA 2002 ISSUE
- A Footnote
- OMNIBUS CONCLUSION
- Dated
