Immigrationboards.com

Hi friends,
I am a regular reader of this forum, however, this is the first time I am initiating a thread or commenting on an issue.
I am opening this thread to closely watch the effect of new Good Character requirements on refugees who were declared illegal entrants before they were accepted as refugees. Apparently, the new good character criteria will block the naturalisation of refugees through normal 5+1 year route. As discussed on this and some other blogs this criteria is against the spirit of Geneva Convention. At the same time, no one disagrees that citizenship is not a right and the Home Office enjoys the powers to use its discretion in this regard.
Can we discuss this particular case on this thread and request our fellow bloggers to report the cases and appeal decisions where this particular criteria has or has not been applied in rejecting the citizenship applications.

Thanks

Hi there,
Should we use this fourm for information and share each other some of our experience.
Best wishes
Babe khyber

babe_khyber wrote:Hi there,
Should we use this fourm for information and share each other some of our experience.
Best wishes
Babe khyber

That is exactly what this forum is for, Khyber.

Hi all,

A refusal of naturalisation on the basis of illegal entry of an asylum seeker who subsequently got refugee status has been reported in another thread entitled ‘Naturalisation Refused- Please Help’
http://www.immigrationboards.com/britis ... 84097.html

I am jotting down my initial thoughts on this issue with two questions for the senior members and the Gurus of this forum.

Here is the relevant clause which guides the home office decision makers to use their discretion to believe that the applicant under consideration does not have Good Character:
9.5 Illegal Entry
In circumstances where an applicant entered the UK illegally, an application for
Citizenship should normally be refused for a period of 10 years from the date of entry, if
it is known. If it is not known, the period of 10 years starts from the date on which the
person first brought themselves to or came to the attention of the Home Office.
https://www.gov.uk/government/uploads/s ... _D_v02.pdf
The article 31 of Geneva Convention reads as under:
31(1) “The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of Article 1, enter or are present in their territory without authorisation, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence.
31(2) The Contracting States shall not apply to the movements of such refugees restrictions other than those which are necessary and such restrictions shall only be applied until their status in the country is regularised or they obtain admission into another country. The Contracting States shall allow such refugees a reasonable period and all the necessary facilities to obtain admission into another country.”
PLEASE NOTE THAT THIS ARTICLE SET CERTAIN CONDITIONS:
1- who, coming directly from a territory where their life or freedom was threatened in the sense of Article 1;
2- they present themselves without delay to the authorities; and
3- show good cause for their illegal entry or presence.
UK Government, as a signatory to the convention has incorporated this article in their law as Section 31 Immigration and Asylum Act 1999. Following is official and published guidance on criminal defece enjoyed by the refugees against prosecution:
https://www.gov.uk/government/uploads/s ... ionact.pdf
As far as naturalisation is concerned, Geneva Convention says
Article 34 - Naturalization
The Contracting States shall as far as possible facilitate the assimilation and naturalization of refugees. They shall in particular make every effort to expedite naturalization proceedings and to reduce as far as possible the charges and costs of such proceedings.
http://www.ohchr.org/EN/ProfessionalInt ... ugees.aspx
Under this article, apparently, UK Government is not obliged to offer unconditional naturalisation to all those who have been recognised as refugees.
In my opinion, the questions to be answered for the Gurus of this forum are
if an asylum seeker entered UK illegally but was provided defence against prosecution , does it mean that s/he never committed this crime?
On illegal entry a person is issued a removal notice as an illegal entrant, does this administrative action is sufficient to prove that the person entered the country illegally for the purpose of assessing the person's character under the new guidelines?

Amber has clarified this issue in his post - British Citizenship – Good Character Requirement FAQs

There are no clear exemptions for Refugees who apply for British nationality. However, Article 31 of the Refugee Convention states that Contracting States (such as the UK) should not impose penalties on account of your illegal entry or presence in the UK. Moreover, under Article 34 of the Refugee Convention the UK is obliged to facilitate the naturalisation of refugees, this includes expedition of proceedings. A 10 year ban appears to be contrary to both Articles of the Refugee Convention. This may give you grounds to ask for a reconsideration of a refused application (based on your previous illegal entry or presence in the UK). Moreover, it may also show that the Secretary of State has acted ultra vires in refusing your application, which are grounds for Judicial Review. You should seek specialist advice if you are a Refugee, with adverse immigration history in the past 10 years.
http://www.immigrationboards.com/britis ... 36725.html

Hi Everyone,

I am a Refugee and I was concerned about naturalization like all you after the implementation of tougher Good Character guidelines. I spoke to my lawyer and he replied me very positively and sent a letter of HO also. I don't know how to attach his email photo here and the copy of HO Letter which can help all Refugees, plz let me know how to share the copy of email and HO letter with you all.

Thanks,
Regards.

I applied for naturalisation in January. I had refugee status then ilr. Received a letter asking how I supported myself when they refused my initial application. I told them I was living with my sister and her husband who was supporting me. Last week I called home office to get update said someone will call this week. A lady called and said still under consideration. I guess it's a waiting game

I got my approval after 3 months. I was a refugee - but i did sent a cover letter i drafted whilst at the NCS appointment stipulating how i shouldnt be penalise for illegal entry as I made an asylum claim the same day of entry . I sent all supporting documents over the period of every leave I was granted.

my advise is sent evidence from the day you got in, made an application, asylum support, photocopy of expired leaves, in time applications etc.

good luck