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?
