[2025] UKUT 00349 (IAC)

In 2022, Mr Mujaj’s application to renew his British passport was rejected. He was told that this was because HMPO had been informed that there was no trace of him in Kosovan birth records but Albanian records contained someone with the same name and same parents’ names, born in 1973. On 1 April 2022, Mr Mujaj responded to HMPO directly. He confirmed that he had been born in Albania in 1973. He said that he was “deeply sorry for the false details given” but explained that he was from an area that was “next door” to Kosovo and he had fled to the UK in fear of being sent to war. He had claimed to be a minor from Kosovo because an interpreter and lawyer in the UK had advised him that “this was one of the best ways to be able to gain British residence”. He said that he was also attaching documents, including “my children’s birth certificates and schools”.

On 4 October 2022, the respondent wrote to Mr Mujaj informing him that she was “in possession of information confirming” that he had been born in Albania in 1973. She was therefore considering depriving him of his citizenship under section 40(3) of the British Nationality Act 1981 (the BNA 1981). The letter informed him of the potential consequences of deprivation, including that any previous immigration status he had held would not be automatically reinstated and that he would be at risk of removal from the UK. The letter further informed him that “[i]n order to reach a decision”, she “require[d]” Mr Mujaj to provide the following information:

“1.

Identity documents

Please provide documentation to confirm your identity, including a birth certificate and family certificate.

2.

Passports

Please provide copies of any passports you have held in the UK or abroad.

3.

Marriage documents

Please provide a marriage certificate and a form of documentation to confirm your wife’s identity. If you have been married more than once please say so.

4.

Children

Please provide birth certificates for your children.

5.

Parents and siblings

Please confirm the identity of your parents and siblings.

6.

Response to the allegation

Please provide any information you wish to be taken into account as to the reasons for your false representations.

7.

Personal and family life

Please state what family ties you have in the United Kingdom.

8.

Compassionate circumstances

Please provide details of any relevant compassionate circumstances you may wish to be taken into account.

9.

Human Rights

Please provide any details of any Human Rights issues you may wish to be taken into account.

10.

Sponsorship

Please confirm if you have ever sponsored an individual for entry into the UK from abroad, and if so, provide details.”

On 19 October 2022, Mr Mujaj’s solicitors emailed the respondent, again confirming his true identity and apologising for the deception but explaining that he had been in fear for his life in Albania at the time and had acted on the advice he had received “from other Albanians” in the UK. With regard to his personal and family circumstances, they mentioned that he was a “successful businessman”, operated a transport business “involving travel abroad” and had been paying his taxes. They gave his wife’s name as “Ermira Sina aka Mujaj formerly also known as Parllaku”, and asserted that she intended to instruct them as well. They submitted that

“If British Nationality is deprived to both of our clients this will have grave and devastating consequences for them and their four children who are also British.”

On 2 December 2022, the respondent wrote to Mr Mujaj, notifying him of her decision to deprive him of his British citizenship, giving her reasons (which are discussed below), and informing him of his right of appeal. On 17 January 2023, he lodged the appeal that is now before us (time to appeal having been extended by the First-tier Tribunal).