NA, appeal by
| Jurisdiction | UK Non-devolved |
| Judgment Date | 15 December 2016 |
| Case Outcome | Allowed |
| Court | Special Immigration Appeals Commission |
| Appellant | NA |
| Subject Matter | Naturalisation |
NA v SSHD
Draft 16 December 2016 11:09 Page 1
Appeal No: SN/56/2015
Hearing Date 4 November 2016
Date of Judgment: 15 December 2016
SPECIAL IMMIGRATION APPEALS COMMISSION
Before:
THE HONOURABLE MR JUSTICE FLAUX
UPPER TRIBUNAL JUDGE McGEACHY
SIR STEWART ELDON
NA
APPLICANT
and
SECRETARY OF STATE FOR THE HOME DEPARTMENT
RESPONDENT
For the Applicant: Ms Amanda Weston
Instructed by: TKD Solicitors
Special Advocate: Mr Angus McCullough QC and Mr Ben
Collins QC
Instructed by: Special Advocates Support Office
For the Respondent: Mr Steven Kovats QC and Ms Claire Palmer
Instructed by: Government Legal Department
OPEN JUDGMENT
NA v SSHD
Draft 16 December 2016 11:09 Page 2
JUDGMENT
The Honourable Mr Justice Flaux:
Introduction and factual background
1. The applicant, to whom we will refer as “NA” is Palestinian in origin and a
national of Jordan (having been born in the West Bank in 1966 when it was
part of the Hashemite Kingdom of Jordan). He entered the United Kingdom in
1994 and sought asylum. He was granted exceptional leave to remain on 13
December 1999 and indefinite leave to remain on 9 January 2004. His children
are registered as British citizens, having been born in the United Kingdom. On
16 December 2004, he and his wife made applications 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 4 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 your referees will also be asked later on in this form to
confirm that you are of good character.”
4. Questions 4.8 and 4.10 in particular asked specific questions about
involvement in terrorist activities. 4.8 asked: “Have you ever been concerned
in the commission, preparation, organisation or support of acts of terrorism,
either within or outside the United Kingdom or have you ever been a member
of an organisation which has been involved in or advocated terrorism in
furtherance of its aims?” 4.10 asked “To your knowledge have you ever been
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