MSB, appeal by
| Jurisdiction | UK Non-devolved |
| Judgment Date | 01 December 2016 |
| Case Outcome | Dismissed |
| Court | Special Immigration Appeals Commission |
| Appellant | MSB |
| Subject Matter | Naturalisation |
1
Appeal No: SN/41/2015
Hearing Date: 25 October 2016
Date of Judgment: 1st December 2016
SPECIAL IMMIGRATION APPEALS COMMISSION
Before:
THE HONOURABLE MR JUSTICE FLAUX
UPPER TRIBUNAL JUDGE PITT
MR S PARKER
MSB APPLICANT
and
SECRETARY OF STATE FOR THE HOME DEPARTMENT
RESPONDENT
For the Applicant: Mr S Saeed
Instructed by: Aman Solicitors
Special Advocate: Mr Stephen Cragg QC and Mr T Forster
Instructed by: Special Advocates Support Office
For the Respondent: Mr Steven Gray
Instructed by: Government Legal Department
OPEN JUDGMENT
2
JUDGMENT
The Honourable Mr Justice Flaux:
Introduction and factual background
1. The applicant, to whom we will refer as “MSB” is a national of Somalia who
entered the United Kingdom in 2000. He claimed asylum which was refused
on 21 June 2001 but he remained in the country. He made further
representations in August 2008 and was granted indefinite leave to enter on 23
February 2010. He is married with four children. His wife and children are all
British citizens. On 1 September 2011, 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”.
5. At the end of those questions was an italicised passage which specifically
referred the applicant to the Booklet AN: “For the purposes of answering
questions 3.9 to 3.12 please refer to the Booklet AN which provides guidance
To continue reading
Request your trial