Citizenship refusal due to tv licence conviction

[Hassan7861]

Thank you so much. Will give it another few days before deciding. I know it will be probably impossible but what if it is, as you say, down to luck?

Take advice from everyone but always do what u think is right for u.

[muraenidae]

Dear All,

Thank you in advance for replying to my plea for help.
I am a Polish citizen who has lived here for well over 15 years. I applied to be naturalised a few months ago and was refused as ‘the good character requirement was not satisfied and there were no satisfactory mitigating circumstances’ according to the Home Office. Their decision was based on my tv licence conviction from 2 years ago, otherwise I consider myself of good character, no other fees, fines... anything really.

The background to this situation was that I was 8 moths pregnant, invited ‘goon’ home who then told me I needed tv licence. Bought on the spot, yet got called to court, nevertheless. This was very stressful to Me at the time and so decided to just plead guilty to avoid going there, being so heavily pregnant.

To summarise, I knew I took a risk but was positive that they would see that apart form this one mistake on my part, I was of good character. This is non recordable offence and so I wasn’t even sure I was supposed to disclose it. It does not appear on one’s crb check.

I am so gutted about this and threw the whole thing deep in a drawer but wondering if I have ground for successful appeal at all. It simply puzzles me that I would be treated so harshly. The punishement so
To speak is so disproportionate to the ‘crime’!

If you all advise me to appeal, what angle should I take.

Many thanks to you all for taking time to read this.

Anna

Just wondering, when exactly did your conviction take place? You say 2 years ago. I think after 3 years non-custodial sentences are disregarded, but I could be wrong.

[secret.simon]

While researching another issue, found the case of Hiri v Secretary of State for the Home Department [2014] EWHC 254 (Admin). The Guardian summaries the case here.

Some quotes from the judgment.

...
25.The Secretary of State is required to make an evaluation of the applicant’s character on the basis of the material before her, having proper regard to the guidance in the Nationality Instructions. The onus is on the Claimant to satisfy the Secretary of State that he is of good character. Although the Secretary of State must exercise her powers reasonably, essentially the test for disqualification is subjective. See Secretary of State for the Home Department v. SK (Sri Lanka) [2012] EWCA Civ 16

26. The Secretary of State’s decision is only reviewable by the courts on traditional public law grounds.
...
35....In my judgment, in deciding whether an applicant for naturalisation meets the requirement that “he is of good character”, for the purposes of the British Nationality Act 1981, the Defendant must consider all aspects of the applicant’s character. The statutory test is not whether applicants have previous criminal convictions – it is much wider in scope than that. In principle, an applicant may be assessed as a person “of good character”, for the purposes of the 1981 Act, even if he has a criminal conviction....

If you apply for reconsideration, you could quote the judgment above and point out that you have no other criminal convictions and offer to provide more referees to vouch for your good character.

[Liai]

Thank you so much. Will give it another few days before deciding. I know it will be probably impossible but what if it is, as you say, down to luck?

Hi Anna,
I have a similar situation, just wondering, did you go ahead with the review? If yes pls can you kindly share the outcome.
Regards
Liai