Proposed amendment to British citizenship regulations encounters initial legal challenge
A young Afghan refugee files a case after a decision to block citizenship for those who arrived via a ’dangerous journey’.
Plans to prevent refugees who arrive in the UK on a small boat, lorry or via other “irregular” means from becoming a British citizen are facing their first legal challenge.
The challenge is being brought by a 21-year-old Afghan refugee who arrived in the UK aged 14, after fleeing the Taliban and being smuggled to Britain in the back of a lorry. He was granted refugee status and after five years was granted indefinite leave to remain. He was due to apply for British citizenship on 1 March.
However, he is now unable to do so after government plans emerged last week making it almost impossible for any refugee who arrives via “a dangerous journey” to become a British citizen, regardless of the time that has passed since they arrived in the UK. Tens of thousands of people are potentially affected by the new rules.
According to the legal challenge submitted – a pre-action protocol – the change in the citizenship rules is “a source of great anxiety” to the man and has made him feel vulnerable in the UK because of the volatility of UK immigration laws. He fears being isolated from the rest of British society, and not being able to vote nor to travel freely.
Toufique Hossain of Duncan Lewis solicitors, who is representing the refugee, said: “It is upsetting for so many who had hoped for a new approach to now see this home secretary repeating the same mistakes as her various predecessors. For the sake of political expediency, [Yvette Cooper is] willing to roll out unlawful polices with the sole purpose of punishing migrants and refugees – those who are quite clearly of good character and eligible for citizenship.”
The changes are contained in updated government guidance about good character requirements Because of their method of arrival in the UK, many refugees are no longer deemed by government to be of good character even though they rarely have any choice but to arrive via irregular means.
The new guidance states: “Any person applying for citizenship from 10 February 2025, who previously entered the UK illegally, will normally be refused, regardless of the time that has passed since the illegal entry took place.”
Before the new guidance was published, the Afghan refugee bringing the legal challenge would have met the good character rules. He has no criminal record, has complied with all immigration rules while in the UK, has a good command of English and plans to train as a mechanical engineer to contribute to British society and the economy.
Because of laws passed by the previous government, it is now an offence to enter the country without permission despite the UK being signatory to international law treaties, such as the 1951 UN refugee convention, which state that asylum seekers and refugees should not be penalised for illegal entry. The convention says that states should make every effort to expedite naturalisation proceedings.
The legal challenge argues that the new policy misrepresents the true legal position on the good character requirement in the 1981 British Nationality Act, and is therefore unlawful. It says it also breaches parts of the European convention on human rights and equality legislation.
The change has been condemned by refugee organisations and some Labour MPs, including Stella Creasy, who said the change “meant refugees would forever remain second-class citizens”.
The Home Office has been approached for comment.
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