Decision and Reasons
Decision and Reasons
Applying those findings to the facts here, I can determine the appeal shortly. The Appellant perpetrated a fraud as to his nationality and identity over an extended period, through his applications for asylum, in his dealings with the Respondent as to any entitlement to leave to remain on other grounds, and in his application for naturalisation as a British citizen. There is no doubt that his stay in the UK was significantly extended by this fraud, given that he chose not to pursue any immigration application to which his true citizenship might have entitled him. He was a mature man, aged thirty when he was granted ILR in a false identity, and thirty-one when he chose to continue to perpetrate the fraud by applying for naturalisation in the false identity that he had used since arriving in the UK. There is no evidence of any external influence on him that might lessen his personal responsibility for this fraud.
The first question to be determined is whether his deception was material to the grant of naturalisation given the intermediate eventuality by which the Respondent granted him indefinite leave to remain based on his immigration history.
- Heading
- Section 1
- Background
- Decision and reasons
- Good character in the context of deprivation: section 40(3) BNA 1981
- Sleiman considered
- Conclusion
- Error of law decision
- DIRECTIONS
- Notice of Decision
- THE IMMIGRATION ACTS
- Background facts
- History of the appeal
- Having considered the framework of statute, policy and case law, Judge Canavan and I directed ourselves to this effect
- Proceedings at the continuation hearing
- Decision and Reasons
- The decision of Sleiman (deprivation of citizenship; conduct) [2017] UKUT 00367 indicates a situation in which the chain of causation between the original dishonesty and the grant of naturalisation is
- I have not been referred to the Respondent’s family ILR policy, which Chapter 55 cites, but I understand it to be the concession cited in JS (Family ILR Exercise, near-miss argument) [2007] UKAIT 80 t
- Taking the approach in Chimi [2023] UKUT 115 (IAC) to the relevant issues, I should consider these questions
- Muslija [2022] UKUT 337 at headnote 4 holds that
- I am willing to assume that that period would involve some worry for the adults but there is no reason to think there would be any significant impact on the children, even if the parents choose to mak
- Conclusions
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