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Hi all,
I received correspondence from the Home Office stating that my application has been refused. The reason stated is that in 2008, I was served with an IS151A as I was allegedly seeking to gain leave by deception as a student. As such, the Home Secretary deems I do not meet the good character requirement for naturalisation.

When I was served with an IS151A, I appealed the matter with the Asylum and Immigration Tribunal. The court, in its decision, allowed my appeal and decided that "the respondent, Secretary of State, has failed to prove that the appellant operated deception in order to secure further extensions of leave to remain in the UK as a student". This decision was accept by the Home Office and no further appeals were lodged by either party.
Based on this decision, the Home Office Appeals Implementation Unit requested documents from me to process my visa application and granted a Post Study Work Permit. Since then, I have been granted a Tier-1 General visa followed by an Indefinite Leave to Remain.

As per the guidelines in form NR, the Home Office states that it may "reopen applications where the application has been refused on character grounds due to a criminal conviction which was later quashed on appeal". Based on the above stated facts, I've requested reconsideration.

Do you guys think there's a chance reconsideration may go my way? Also, any idea re reconsideration timelines?

Regards,
worried

Did you include these details in the "further information" section of your naturalisation application?

You should not have sent a review but rather a pre action protocol.

An unappealled decision stands unless new evidence comes up.

which date did you apply?

Hi Obie,
Could you please advise on what a "pre action protocol" is? Is it notification of one's intention to pursue a judicial review to the Home Office through a lawyer? If so, can I send that while the application is under reconsideration assuming the decision won't change?
Thanks.

Obie wrote:You should not have sent a review but rather a pre action protocol.

An unappealled decision stands unless new evidence comes up.

Possibly. If they say it is their policy, then that policy is not in accordance with the law, as seeking a review may not change much.

Hi Obie,
Not sure what you're referring to as their policy? Do you mean reconsideration in light of new evidence? I didn't submit this part of my naturalisation application (and many other visas before this) as I expected them to know this being the respondents in the case and having issued a visa based on the court's decision back in 2008.
Or have I completely misinterpreted what you're saying?

Obie wrote:Possibly. If they say it is their policy, then that policy is not in accordance with the law, as seeking a review may not change much.

Hi smacky,

I think Obie meant the policy that Home Office followed to reject the application for naturalisation is not valid, which is :

"reopen applications where the application has been refused on character grounds due to a criminal conviction which was later quashed on appeal."

And this policy of "criminal conviction which was later quashed on appeal " isn't valid because :

"An unappealled decision stands unless new evidence comes up."

So, because Home Office did not appeal further with new evidence means they cannot rejected your application and hence did not follow protocol.

I think that's why Obie mentioned "pre action protocol" to challenge the decision. Only Obie can clarify completely, sorry.

I'm almost on the same boat, went to a college which was banned after I left but Home Office never alleged. Now, they're taking over a year to decide and most likely to allege now and ban from now to 10 years going forward. So I've to be prepared for this pre action protocol as well as challenging their decision. Please keep us posted, thanks.

Thanks for the interpretation Siraj, makes sense. I've noticed they deduced the fees (£80) for reconsideration from my debit card on 23/10/15. Hoping they'll resolve it soon. If not resolved in 8 weeks, will initiate the pre action protocol followed by judicial review if necessary.

Siraj ud-Daulah wrote:Hi smacky,

I think Obie meant the policy that Home Office followed to reject the application for naturalisation is not valid, which is :

"reopen applications where the application has been refused on character grounds due to a criminal conviction which was later quashed on appeal."

And this policy of "criminal conviction which was later quashed on appeal " isn't valid because :

"An unappealled decision stands unless new evidence comes up."

So, because Home Office did not appeal further with new evidence means they cannot rejected your application and hence did not follow protocol.

I think that's why Obie mentioned "pre action protocol" to challenge the decision. Only Obie can clarify completely, sorry.

I'm almost on the same boat, went to a college which was banned after I left but Home Office never alleged. Now, they're taking over a year to decide and most likely to allege now and ban from now to 10 years going forward. So I've to be prepared for this pre action protocol as well as challenging their decision. Please keep us posted, thanks.

tomorrow will be 3 months since I sent my application 4 reconsideration , no news yet , just the money debited after 10 days from sending my application , I used a legal advice . be prepare mr smacky , good luck to every one

Hi foufou,
Thank for the update. Could you please share what legal advice you've been given - in a generic way of course. Are you going for a judicial review? If so, is this after 90 days have passed since your decision? Just interested in knowing how it works.

Regards

foufou wrote:tomorrow will be 3 months since I sent my application 4 reconsideration , no news yet , just the money debited after 10 days from sending my application , I used a legal advice . be prepare mr smacky , good luck to every one

smacky wrote:Hi foufou,
Thank for the update. Could you please share what legal advice you've been given - in a generic way of course. Are you going for a judicial review? If so, is this after 90 days have passed since your decision? Just interested in knowing how it works.

Regards

foufou wrote:tomorrow will be 3 months since I sent my application 4 reconsideration , no news yet , just the money debited after 10 days from sending my application , I used a legal advice . be prepare mr smacky , good luck to every one

well I been told is no point to go for judicial review as it cost big money and because a citizenship is a privilege is not a right , the only thing is i'm waiting for them decision about my reconsideration , the last time I read in this timeline was a member received his decision after 4 months and 10 days since he send his reconcideration form , so I'm trying to for get about , is really stressful time , I been waiting 9 months now from day I sent my application

Hi foufou,
May I ask why your initial application for naturalisation was declined?

foufou wrote:

smacky wrote:Hi foufou,
Thank for the update. Could you please share what legal advice you've been given - in a generic way of course. Are you going for a judicial review? If so, is this after 90 days have passed since your decision? Just interested in knowing how it works.

Regards

foufou wrote:tomorrow will be 3 months since I sent my application 4 reconsideration , no news yet , just the money debited after 10 days from sending my application , I used a legal advice . be prepare mr smacky , good luck to every one

well I been told is no point to go for judicial review as it cost big money and because a citizenship is a privilege is not a right , the only thing is i'm waiting for them decision about my reconsideration , the last time I read in this timeline was a member received his decision after 4 months and 10 days since he send his reconcideration form , so I'm trying to for get about , is really stressful time , I been waiting 9 months now from day I sent my application

Siraj ud-Daulah wrote:Hi smacky,

I think Obie meant the policy that Home Office followed to reject the application for naturalisation is not valid, which is :

"reopen applications where the application has been refused on character grounds due to a criminal conviction which was later quashed on appeal."

And this policy of "criminal conviction which was later quashed on appeal " isn't valid because :

"An unappealled decision stands unless new evidence comes up."

So, because Home Office did not appeal further with new evidence means they cannot rejected your application and hence did not follow protocol.

I think that's why Obie mentioned "pre action protocol" to challenge the decision. Only Obie can clarify completely, sorry.

I'm almost on the same boat, went to a college which was banned after I left but Home Office never alleged. Now, they're taking over a year to decide and most likely to allege now and ban from now to 10 years going forward. So I've to be prepared for this pre action protocol as well as challenging their decision. Please keep us posted, thanks.

That was nicely summarised.

Obie wrote:

Siraj ud-Daulah wrote:Hi smacky,

I think Obie meant the policy that Home Office followed to reject the application for naturalisation is not valid, which is :

"reopen applications where the application has been refused on character grounds due to a criminal conviction which was later quashed on appeal."

And this policy of "criminal conviction which was later quashed on appeal " isn't valid because :

"An unappealled decision stands unless new evidence comes up."

So, because Home Office did not appeal further with new evidence means they cannot rejected your application and hence did not follow protocol.

I think that's why Obie mentioned "pre action protocol" to challenge the decision. Only Obie can clarify completely, sorry.

I'm almost on the same boat, went to a college which was banned after I left but Home Office never alleged. Now, they're taking over a year to decide and most likely to allege now and ban from now to 10 years going forward. So I've to be prepared for this pre action protocol as well as challenging their decision. Please keep us posted, thanks.

That was nicely summarised.

I'm flattered Obie, thanks.

hi what happend did you get it please let us know best regards