[2025] UKUT 00230 (IAC)

The Appellant entered the UK on 13 January 2000 and claimed asylum. He stated in that claim that he was a Kosovan national born in Mitrovica in Kosovo on 27 August 1973, was a member of the Kosovan Liberation Army (‘KLA’) and that his life was in danger from the Serbian authorities. His asylum application was refused on 15 March 2000, but his appeal against the refusal was allowed on 27 November 2000.

On 4 February 2005, the Appellant applied for naturalisation as a British citizen and on 10 May 2005, he was issued with a certificate of naturalisation as a British citizen.

In 2017, the Respondent made enquiries into the Appellant’s identity. As a result of those enquiries, information was received from the Albanian authorities which the Respondent believed indicated that the Appellant was in fact Theodhori Laçi, a national of Albania born on 28 August 1973. The Respondent referred the Appellant’s case to the Status Review Unit on 13 October 2017.

On 10 November 2021, the Respondent notified the Appellant that she was considering depriving him of his British citizenship under s40(3) of the British Nationality Act 1981 on grounds that he had obtained his citizenship through fraud. The Appellant was invited to make representations, which he did on 1 December 2021, asserting that he was “Theodor Laci, son of Pandeli and Nazime born in North Mitrovica on 27 August 1973” and that that identity had previously been accepted by the Albanian authorities.

On 1 February 2022, the Respondent sent a further letter notifying the Appellant that she was considering deprivation and inviting him to submit any evidence in support of his claimed Kosovan identity. The Appellant responded on 17 and 18 February 2022, explaining why he could not provide such evidence, including that he had never been issued with a Yugoslavian identity document or birth certificate because of his Roma ethnicity.

On 22 February 2022, the Respondent sent a third letter acknowledging his previous response and notifying the Appellant that he was still considered to have used deception to obtain his British citizenship. The Appellant responded on 5 June 2022.

On 17 June 2022, the Respondent decided to deprive the Appellant of his British citizenship under s40(3) of the British Nationality Act 1981. The Appellant’s appeal against that decision came before the First-tier Tribunal on 19 April 2023 and was dismissed in a decision and reasons promulgated on 19 July 2023.