
Phoenix Law have lodged judicial review proceedings against the Secretary of State for the Home Department, challenging the legality of her new policy on the “good character” requirement for British Citizenship – specifically as it applies to refugees who have arrived in the UK through irregular means.
Our client is a recognised refugee and victim of trafficking who wishes to obtain British Citizenship in the future. Under the new Home Office guidance, individuals who have entered the UK “illegally” – including refugees fleeing persecution – may be refused citizenship on the basis of not meeting the “good character” requirement.
We are challenging the compatibility of this policy with the proper interpretation of the British Nationality Act 1981, taking into account the UK’s obligations under the Refugee Convention. The Refugee Convention prohibits penalising refugees for their method of entry, recognising that lawful routes are often inaccessible for those seeking asylum.
In addition, we argue that the guidance breaches;
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- Article 14 of the European Convention on Human Rights: which prohibits discrimination in the enjoyment of rights and freedoms;
- The Windsor Framework: which continues to provide for the influence of EU law in Northern Ireland, including protections for refugees who seek to naturalise in their country of settlement.
This legal challenge has significant implications for refugees across the UK. The outcome may determine whether those who have arrived seeking protection are unjustly excluded from the opportunity to become British citizens based solely on the circumstances of their arrival.
Our Sinead Marmion with counsel Hugh Southey KC and Raj Desai of Matrix Chambers act in this matter.