[2024] UKUT 00028 (IAC)

The respondent entered the United Kingdom in 1997 claiming to be from Kosovo. He gave his date of birth as 21 May 1978. He was recognised as a refugee and granted Indefinite Leave to Remain (ILR) on 28 June 1999. In an application for naturalisation made in 2004 the respondent confirmed his date of birth and his place of birth as Kosovo. He was naturalised as a British citizen on 16 February 2005.

The appellant does not accept the respondent is from Kosovo or that he is the age claimed. On 26 October 2021 the appellant gave notice under s.40(5) of the British Nationality Act 1981 (the 1981 Act) of her decision to make an order depriving the respondent of his citizenship status as she was satisfied it had been obtained by fraud, false representation, or concealment of a material fact (pursuant to s.40(3) of the 1981 Act).

The decision was supported by an undated letter issued by the British Embassy, Tirana (the Embassy letter). The Embassy letter asserted that checks conducted in accordance with a Memorandum of Understanding between the UK and Albania found that no national was registered on the National Civil Register of Kosovo with the details provided by the respondent (his name and date and place of birth). The checks did however reveal that someone with the same name, but whose date of birth was ‘21 May 1973’, was included on the Albanian National Civil Register. The Embassy letter also contained a photograph from an Albanian government database that matched a photograph of the respondent held on Home Office records.

Pursuant to s.40A of the 1981 Act the respondent appealed the decision of 26 October 2021 to the First-tier Tribunal.