SIAC allows statutory review of naturalisation refusal by Home Secretary
The Special immigration Appeals Commission has delivered judgment in the case of FGF v Secretary of State for the Home Department.
FGF was a founding member of a prominent national opposition political society in his country and had previously been elected to his national parliament. Following the proscribing of the political society, he entered the UK and was eventually granted asylum.
FGF had applied to naturalise as a British citizen in 2020. His application was, however, refused on the basis that he did not meet the good character requirement. That decision was, however following a challenge.
Following the submission of further representations, the Home Office recommended that FGF be granted British citizenship. Notwithstanding that advice, FGF’s application was refused, personally, by the (then) Home Secretary, Suella Braverman KC.
In allowing FGF’s challenge, SIAC concluded that the Home Secretary had failed in her public law obligation to provide a sufficient explanation for departing from her department’s recommendation. SIAC concluded, materially:
Without reasons it is simply not possible to know whether the Secretary of State took account of all relevant factors, disregarded irrelevant factors, and reached a reasonable conclusion. In these circumstances, the reasoning was not sufficient to understand why the Secretary of State rejected the Home Office advice that the information available to the Home Office was insufficient to conclude that the applicant is not of good character.
We therefore accept the Special Advocates' contention that the decision is flawed for lack of adequate reasons, that it should be quashed, and that the Secretary of State should consider the matter afresh.
David Lemer acted as Special advocate for FGF, with Martin Goudie KC