AFA, appeal by
| Jurisdiction | UK Non-devolved |
| Judgment Date | 24 November 2016 |
| Case Outcome | Dismissed |
| Court | Special Immigration Appeals Commission |
| Appellant | AFA |
| Subject Matter | Naturalisation |
Page 1
Appeal No: SN/56/2015
Hearing Date 11 October 2016
Date of Judgment: 24 November 2016
SPECIAL IMMIGRATION APPEALS COMMISSION
Before:
THE HONOURABLE MR JUSTICE FLAUX
UPPER TRIBUNAL JUDGE KOPIECZEK
SIR ANDREW RIDGWAY
AFA
APPLICANT
and
SECRETARY OF STATE FOR THE HOME DEPARTMENT
RESPONDENT
For the Applicant: Mr S Saeed
Instructed by: Aman Solicitors
Special Advocate: Mr J Johnson QC and Ms S Rhaman
Instructed by: Special Advocates Support Office
For the Respondent: Mr Steven Gray
Instructed by: Government Legal Department
OPEN JUDGMENT
Page 2
JUDGMENT
The Honourable Mr Justice Flaux:
Introduction and factual background
1. The applicant, to whom we will refer as “AFA” is a national of Somalia who
entered the United Kingdom on 7 March 2007. He claimed asylum and was
granted indefinite leave to enter on 6 May 2009. On 16 March 2010, he
applied for naturalisation pursuant to section 6(1) of the British Nationality
Act 1981 which provides:
“(1) If, on an application for naturalisation as a British citizen
made by a person of full age and capacity, the Secretary of
State is satisfied that the applicant fulfils the requirements of
Schedule 1 for naturalisation as such a citizen under this
subsection, he may, if he thinks fit, grant to him a certificate of
naturalisation as such a citizen.”
2. Schedule 1 to the 1981 Act, as amended, provides that the requirements for
naturalisation as a British citizen include that, inter alia, “he is of good
character”.
3. The applicant completed a naturalisation application form, section 3 of which
addressed the requirement of good character and provided detailed notice of
areas of potential concern to the Secretary of State. The introduction provided:
“In this section you need to give information which will help
the Home Secretary to decide whether he can be satisfied that
you are of good character. Checks will be made with the police
and possibly other Government Departments, the Security
Service and other agencies.”
4. Questions 3.10 and 3.11 in particular asked specific questions about
involvement in terrorist activities. 3.10 asked: “Have you ever been involved
in, supported or encouraged terrorist activities, in any country? Have you
ever been a member of, or given support to an organisation which has been
concerned in terrorism?” 3.11 asked “Have you ever, by any means or
medium, expressed views that justify or glorify terrorist violence or that may
encourage others to terrorist acts or other serious criminal acts?” 3.12 was
then a general catch-all question: “Have you engaged in any other activities
which might indicate, that you may not be considered a person of good
character?” The applicant answered all these questions: “No”.
To continue reading
Request your trial