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Reported Case

Hiri v Secretary of State for the Home Department [2014] EWHC 254 (Admin) (18 February 2014)

Date: 18/02/2014
Duncan Lewis, Reported Case Solicitors, Hiri v Secretary of State for the Home Department [2014] EWHC 254 (Admin)

*sm*Application for Judicial Review- HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION- ADMINISTRATIVE COURT- [2014] EWHC 254 (Admin) (18 February 2014)*em*

The Claimant applies for judicial review of the Defendant's decision to refuse his application for naturalisation as a British citizen, which was contained in a letter dated 11th May 2012 and subsequently confirmed on review, in letters dated 29th June and 26th September 2012.
The reason for refusal was that the Defendant was not satisfied that he met the 'good character' requirement for naturalisation because of his conviction for a speeding offence which would not be 'spent' under the Rehabilitation of Offenders Act 1974 until 17th November 2016. Charles George QC, Deputy High Court Judge, granted permission on 21st December 2012.
The High Court ruled in favour that the SSHD’s “decision-making process was legally flawed, and that the Defendant should re-consider her decision, in accordance with the law”.
Mrs Justice Lang DBE has set out that in these cases “The Defendant is entitled to adopt a policy on the way in which criminal convictions will normally be considered by her caseworkers, but it should not be applied mechanistically and inflexibly. There has to be a comprehensive assessment of each applicant’s character, as an individual, which involves an exercise of judgment, not just ticking boxes on a form.”

 

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