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Hello all.
A Afghan friend of ours has his application refused on good character as below.
He was granted refugees status and APRIL 2009
Applied for ILR in March 2014 granted Aug 2014
Acquired Afghan Passport Nov 2014 and travelled to India 2-3 times using it.
Applied for Naturalisation Oct 2015 - Refused for overspending driving penalty
Applied for Naturalisation Nov 2018 - Refused on getting Afghan Passport in Nov 2014 while had a settlement visa as refugee.
He can apply for naturalisation again in Oct 2025

What are his chances of successful Review?

thanks

Low chances

Radia wrote: ↑

Thu Jun 27, 2019 5:47 pm

Hello all.
A Afghan friend of ours has his application refused on good character as below.
He was granted refugees status and APRIL 2009
Applied for ILR in March 2014 granted Aug 2014
Acquired Afghan Passport Nov 2014 and travelled to India 2-3 times using it.
Applied for Naturalisation Oct 2015 - Refused for overspending driving penalty
Applied for Naturalisation Nov 2018 - Refused on getting Afghan Passport in Nov 2014 while had a settlement visa as refugee.
He can apply for naturalisation again in Oct 2025

What are his chances of successful Review?

thanks

Hi guys! He need to describe that he was a Refugee in the UK and he got some property/ Land in his village and he wanted to sell out his property/ land and due to selling purpose he made his Afghan passport and ID card because without ID it’s difficult to sell out property. Basically Afghanistan are inconsistent, overlapping, incomplete, or silent with regard to details of effective land management. An estimated 80 percent of land is held and transferred informally, without legally recognized deeds, titles, or a simple means to prove ownership. Many documents evidencing land ownership are not archived in any official registry. Frequently, multiple “owners” claim the same piece of land, each asserting rights from a different source. Instances of parties falsely claiming title to land that they do not own undermines investor confidence. Best wishes

"Return to country of origin or obtaining a passport
This will usually indicate voluntary re-availment and may lead to revocation under Paragraph
339A(i)-(vi)."

https://assets.publishing.service.gov.u ... _0_EXT.pdf

As he travelled to India, not Afghanistan, inventing a story about selling land in Afghanistan will only lessen the chances of being granted British citizenship and retaining his refugee status as he travelled to India, not Afghanistan.

By obtaining an Afghan passport, he put himself under the protection of a country from which he claimed Asylum and this was soon after being issued with ILR This raises the question of whether the claim of persecution/danger was genuine.

Lo and behold, another fake refugee finally got caught out by the system.

I suggest the reconsideration should focus on why it was necessary to obtain a passport from the country he was fleeing from. Plus I would add and evidence any ties he has or may not have with Afghanistan.

Thanks guys

Just had a chat with him and Yes he did go Afghanistan once in 2015

more digging reveals that he also has travel document [TD] that explicitly says he can not travel to Afghanistan. He got TD after his national passport was invalidated by customs/immigration at the airport when he arrived back from Afghanistan for same reason i.e not supposed to go to Afghanistan.

He argues that as he had Settlement visa and the situation was much better in Afghanistan in 2015 comparing with 2009-2014 he went to see his relatives to get married however he is engaged now in India where some of his family lives.

you are right casa he could lose his refugee status but they sent back his TD to him. it's a pickle and went to see a solicitor lets see what he says to him..

I think he claimed asylum against Taliban (islamic group )and there was civil war in Afghanistan and Afghanistan governments was helpless to protect people from Taliban regime. I think his asylum was not against Afghanistan government. Therefore refugee status was not revoked and TDS send back to him by HO.

I was born in Afghanistan and grown up there.

Refugees786 wrote: ↑

Fri Jun 28, 2019 4:30 pm

I think he claimed asylum against Taliban (islamic group )and there was civil war in Afghanistan and Afghanistan governments was helpless to protect people from Taliban regime. I think his asylum was not against Afghanistan government. Therefore refugee status was not revoked and TDS send back to him by HO.

Do you have inside knowledge that we're not privy to, regarding his reason for claiming asylum