Upper Tribunal (Immigration and asylum chamber), 2023-10-23, UI-2022-005344
| Appeal Number | UI-2022-005344 |
| Hearing Date | 02 October 2023 |
| Date | 23 October 2023 |
| Published date | 07 November 2023 |
| Status | Unreported |
| Court | Upper Tribunal (Immigration and Asylum Chamber) |
Appeal No: UI-2022-005344 (DC/50101/2021) (LD/00064/2022)
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IN THE UPPER TRIBUNAL IMMIGRATION AND ASYLUM CHAMBER |
Case No: UI-2022-005344 |
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First-tier Tribunal No: DC/50101/2021 LD/00064/2022 |
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THE IMMIGRATION ACTS
Decision & Reasons Issued:
23rd October 2023
Before
UPPER TRIBUNAL JUDGE O’CALLAGHAN
Between
LIRIDON SMAJLI
(NO ANONYMITY ORDER MADE)
Appellant
and
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
Representation:
For the Appellant: Mr A Steadman, Counsel, instructed by SMA Solicitors
For the Respondent: Ms S Cunha, Senior Presenting Officer
Heard at Field House on 2 October 2023
DECISION AND REASONS
Introduction
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This appeal concerns a deprivation of citizenship decision issued by the respondent on 14 April 2021.
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The appellant’s appeal was initially dismissed by the First-tier Tribunal (Judge of the First-tier Tribunal Hussain) on 23 September 2022. The appellant was granted permission to appeal to the Upper Tribunal. On 18 April 2023, a panel of the Upper Tribunal (Dove J, UTJ O’Callaghan) set aside the decision of the First-tier Tribunal.
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The resumed hearing was conducted by means of a hybrid hearing. Ms Cunha was permitted to join the meeting remotely. Mr Steadman and the appellant were present in the hearing room.
Brief Facts
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The appellant accepts that he is a national of Albania who was born in Shkoder. He is presently aged 45. He resides in the United Kingdom with his wife and his two British citizen children.
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Having entered the United Kingdom, he presented himself to the respondent’s Asylum Screening Unit on 14 July 1998, identifying himself in his true name. He falsely declared himself to be a citizen of the Federal Republic of Yugoslavia who had previously resided in the Autonomous Province of Kosovo. Additionally, he provided a false date of birth, 27 June 1981, so declaring himself to be aged 17, rather than his true age of 20.
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He completed an asylum application form on 22 July 1998, again confirming that he was born in Kosovo in 1981. He gave his nationality as Kosovan, formerly Yugoslavian. He stated that he had entered the United Kingdom in the back of a lorry and had come to this country because it was safe.
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In addition to the application form he provided a statement to the respondent detailing that he was a Kosovan national who had resided with his parents in Decan, Kosovo. He stated that his education had been disrupted in 1991 when all Albanian language schools were closed in the province. He subsequently became interested in politics, and although not a member of the Democratic League of Kosovo Party he attended demonstrations organised by the party in October 1997 demanding that Albanian language schools be reopened. On his evidence he was 16 at this time. He was not arrested at the demonstrations, but subsequently police turned up at the family home whilst he was out, assaulted members of his family and destroyed contents in the home. The appellant asserted that he was terrified of being arrested by the police, so he remained in hiding, during which time the police further visited the family home. He stated that his father arranged his travel out of Albania and into the United Kingdom.
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The appellant now accepts that the personal history he provided to the respondent in 1998 was false.
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The respondent sent a letter to the appellant in August 1998 identifying that there were concerns over his claimed age and asking that he provide evidence of his date of birth. The appellant’s then legal representatives replied on 13 May 1999 stating that due to the circumstances in Kosovo the appellant was unable to secure any formal documentation.
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Despite still possessing doubts about the appellant’s age, the respondent accepted that he could not secure formal identification due to the ongoing circumstances in Kosovo and proceeded to recognise him as a refugee. The appellant was granted indefinite leave to remain on 31 May 1999.
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On 7 January 2000 the appellant applied for a travel document. He identified himself as a Kosovan national, born in Pristina. He explained that he was unable to secure a travel document from his own country because of prevailing circumstances in Kosovo. He signed the form confirming that the information provided was true to the best of his knowledge. The respondent issued a travel document in the appellant’s false identity on 21 January 2000.
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The appellant applied to naturalise as a British citizen on 28 July 2003, giving his false identity and confirming that he was a Yugoslavian national. He signed the application form to confirm that he had given correct information. The appellant was naturalised under section 6(1) of the British Nationality Act 1981 on 16 August 2003.
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On 23 January 2007 the appellant’s wife applied at the British Embassy, Tirana, for entry clearance to settle in the United Kingdom. Her application form detailed the appellant’s false identity and his birthplace as Pristina. She explained that the couple had met in Albania in August 2004 and had been married in that country in 2005. The appellant had subsequently visited her on several occasions. The appellant’s wife provided the appellant’s British passport. In addition, she provided an Albanian marriage certificate detailing that the appellant was an Albanian national, and an Albanian birth certificate confirming the appellant’s true place and date of birth.
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On 10 April 2007 the respondent wrote to the appellant detailing that she was aware of his genuine nationality and date of birth. She confirmed her intention to deprive him of his British citizenship. The appellant was given the opportunity to respond to the allegations.
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By a letter dated 3 December 2007, the appellant’s former representatives wrote on his behalf and confirmed his genuine identity as an Albanian national born in 1978. The letter detailed the appellant’s sincere regrets at using a false identity, and an acceptance that he knew that he had committed wrong by providing false details when applying for asylum. The letter explained personal circumstances in Albania, and the reasons why he left the country. It was further explained that when arriving in this country he was informed by an agent that he must not make an asylum claim in his own identity as he would be returned to Albania. The appellant’s position was that he acted on the instructions of the agent and subsequently was informed by a solicitor and an interpreter that he would not secure asylum if he gave details as to his genuine identity. The letter detailed the appellant’s belief at the time of his asylum application that he had no option but to provide false information. The letter further noted that since his arrival in the United Kingdom the appellant had studied and worked full-time, he was a law-abiding citizen and had no criminal record.
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The respondent prepared a letter dated 14 April 2009 depriving the appellant of his British citizenship. The respondent confirmed at an earlier hearing of this appeal that the letter was placed on file, never served, and so is not now relied upon.
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The respondent wrote to the appellant on 1 September 2010, detailing:
‘Thank you for your letter of 24 August 2010 regarding Mr Liridon Smajli and his status as a British citizen. Please be assured that we did receive your previous letter where you state you now act for Mr Liridon Smajli and our records have been updated accordingly.
This case was referred to us by the British Embassy in Tirana on the grounds that Mr Liridon Smajli obtained settlement and citizenship on the grounds of fraud by stating he was from Kosovo.
Very careful consideration is given as to whether it is appropriate to deprive somebody of their British citizenship in order to ensure that the correct decision is made. Consequently this can be a lengthy process. The final decision in all cases is currently made by the Home Secretary himself.
As yet a final decision has not been made on Mr Liridon Smajli’s case but you will be notified as soon as it is made.’
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HM Passport Office received a paid application from the appellant to renew his British passport on 16 May 2013. Having received a copy of his previous passport, a new passport was issued on 23 May 2013. A witness statement from Joanne Flannery, HM Passport Office, dated 4 September 2023, confirms:
‘8. As I understand it, there was no requirement for this person to submit any other passport or identity documents held. Production of his previous British passport in the identity provided sufficed for him to be granted British passport facilities in accordance with HM Passport Office policy.
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10. A significant change of note has been the introduction of the one name policy introduced by HM Passport Office in February 2015. As stated on the GOV.UK website, ‘Customers must only use ‘one name for all official purposes’, making sure the name they want to be known as on their passport, matches the name on their official UK or overseas documents.’ Also ‘[…] We...
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