Refused British Citizenship - Good Character Requirement

[Parklane1]

Dear All.

I need urgent advice/opinion.

I applied for British Citizenship through NCS in July' 2016, however i have received a letter today that my application has been refused.

Below are the reasons of refusals written by the case worker.
"Our enquiries into your application reveal that on 2008, you applied for leave to remain in the UK as a Tier 1 General migration and you submitted some overseas earnings including tax documents. We found your documents to be false as the tax department in that country at that time confirmed that document was not genuine. We were also unable to verify these documents with the employer, therefore we were satisfied that you used deception in your case.

Hence we considers that your actions constituted a deliberate attempt to mislead a Govt department and hence on that basis you do not meet good character requirements.

It further says that i could reapply anytime but any application made before June 2020 is unlikely to be successful and if i wish i could apply for reconsideration

However, here is a summary of what happened at that time.
In 2008 i still had leave to remain as student up until 2010, hence i did not get any right of appeal with above T1 refusal, although i did write to them to reconsider this application which i believed HO checks were un appropriate and overseas employer confirmed to me and later to HO via emails and letters that they did not made any proper checks, a HO representative went to their office, spoke to office runner, who had no clue of ex employees and then left..

Long story short, when i applied for student visa extension( PHD degree) in 2010 for further education, they refused it on the basis of using previous deception, holded my passport, did not give me right of appeal and asked me to leave the country...

I took the matter to the court as i should have got right of appeal due to me putting this application on time, the judge allowed me right of appeal and on the full hearing later and on the basis of full hearing (with both mine and HO lawyers present) my appeal was allowed. HO lawyer was unable to provide any evidence of their DVR. In short it was full hearing i was cross questioned etc.. HO never took the matter to upper tribunal, my student visa was allowed...

Since then i was allowed Tier 2 and on the basis of 10 year i got my naturalisation in around 2 yrs ago..

Now, when i applied for my naturalisation, how come HO is unearthing an case from 2010, which was cleared by the FTT, HO never went against the decision (20 days to appeal against decision) and further pursued it ? I am planning to go for consideration and will provide them with all the documents we had from hearings in 2010.. but i want to know if someone has any template about how to apply for reconsideration or put case like mine where FTT allowed the case previously..

Also, can HO now i.e. after nearly 6 years going back and refuse the application about a subject matter which was dismissed by the court at that time ?? DO they really have grounds to go against a court now ?

Also i had two 4 successful visa applicaitons after that. ANd in all those applicaitons, i gave reference to what happened in previous refusal..

Sorry for all this long thread but i am a bit annoyed with all this..

[secret.simon]

.

how come HO is unearthing an case from 2009, which was cleared by the FTT, HO never went against the decision (20 days to appeal against decision) and further pursued it ?

Naturalisation is not a part of the immigration pathway, which terminates at ILR. Naturalisation has different rules, under different laws and crucially, is completely discretionary. That means that even if a judge allowed earlier visas on a balance of probabilities, the Home Office can revisit those cases to see if there was deception. You will need to re-present your case to the Home Office caseworker and demonstrate why the accusation of deception is incorrect.

Remember that there is no appeal for naturalisation. Naturalisation is entirely discretionary.

[Parklane1]

.

how come HO is unearthing an case from 2009, which was cleared by the FTT, HO never went against the decision (20 days to appeal against decision) and further pursued it ?

Naturalisation is not a part of the immigration pathway, which terminates at ILR. Naturalisation has different rules, under different laws and crucially, is completely discretionary. That means that even if a judge allowed earlier visas on a balance of probabilities, the Home Office can revisit those cases to see if there was deception. You will need to re-present your case to the Home Office caseworker and demonstrate why the accusation of deception is incorrect.

Remember that there is no appeal for naturalisation. Naturalisation is entirely discretionary.

Thank you Simon, it makes sense and although i understand British law requirements are quite different, it is still unbelievable from my end as i thought that accusation was eliminated and dusted as things were cleared off at the hearing, with us providing additional evidences, HO lawyer accepting their checks were in-adequate and all additional evidences were also given to HO at that time...

Anyways i will discuss all this with some immigration lawyer and will file a reconsideration request adding previous FTT details...... and i will take it from there.

One question though, can this particular accusation still effect my application after a 10 year lapse from the date of this issue ? I mean although they have mentioned June 2020 , can they still raise this issue again for my new application in 2020 ? or is that under British Nationality law they cannot ? as i dont want to give myself a false hope and rather start working on getting their records right now.

For all other forum members who have any accusations regarding unverified documents, i would recommend to speak to lawywer before lodging your application..

[Under2018]

Hello there,

I just come across with your post and I would like to say the same thing is happening to me right now.
The only difference is that the Home Office gave a new opportunity to explain what happened during that time in question before the final answer. I sent them all docs explained that maybe they had lost the Tribunal's decision or did not went into all section details inside the decision.
I became worried and I din't not know way, until find your post and see that I really can decide by they own description.
Anyway, I couldn't find no help regarding how to appeal just throughout possible reconsideration, what I think is lost of time because there is no time limit for answers and can end up with the same wrong decision in case it refuse mine like yours.
So, I did a research on google and I came across with these websites where you can apply to the Special Immigration Appeals Commission and also High Court after they refuse naturalisation on the grounds of "Good Character".

https://www.gov.uk/guidance/appeal-to-t ... commission
https://spmmer.co ... character/


Good luck!

[vinny]

Now, when i applied for my naturalisation, how come HO is unearthing an case from 2010, which was cleared by the FTT, HO never went against the decision (20 days to appeal against decision) and further pursued it ? I am planning to go for consideration and will provide them with all the documents we had from hearings in 2010.. but i want to know if someone has any template about how to apply for reconsideration or put case like mine where FTT allowed the case previously..

Also, can HO now i.e. after nearly 6 years going back and refuse the application about a subject matter which was dismissed by the court at that time ?? DO they really have grounds to go against a court now ?

Cite Mubu and others (immigration appeals - res judicata) Zimbabwe [2012] UKUT 398 (IAC) (24 October 2012)?

[T4tommy]

Hello @parlane1, just curious, have you managed to re apply for reconsideration yet? If yes what is the outcome please? I have the same problem