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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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My application has been rejected. The

Customer Question

Hi,
My application for naturalisation has been rejected. The reason stated is that on 26 February 2008 I was served with an IS151A (letter of deportation) as I was allegedly seeking to gain leave by deception. As such, the Home Secretary deems I do not meet the good character requirement for naturalisation.
When I was served with an IS151A, I appealed the matter with the Asylum and Immigration Tribunal. The court, in its decision on 17 September 2008, allowed my appeal and decided that "the respondent, Secretary of State, has failed to prove that the appellant operated deception in order to secure further extensions of leave to remain in the UK as a student". This decision was accept by the Home Office and no further appeals were lodged by either party.
The Home Office was issued with a copy of this decision by the tribunal. Based on this decision, on 6 October 2008, the Home Office Appeals Implementation Unit requested documents from me to process my visa application and granted a Post Study Work Permit. Since then, I have been granted a Tier-1 General visa followed by an Indefinite Leave to Remain. This is why I didn't mention the appeal in my application as I thought the Home Office, as the respondent, would be aware of this - especially having granted multiple visas after this issue.
I've requested the Home Office to reconsider my case in light of these facts and have sent the relevant evidence along with the Home Office form NR (Application for reconsideration of decision) with relevant fees (£80).
As per the guidelines in form NR, the Home Office states that it may "reopen applications where the application has been refused on character grounds due to a criminal conviction which was later quashed on appeal". Based on the above stated facts, I believed my case falls under this definition and have requested reconsideration already. Would you advise I wait for out come or opt for pre action protocol followed by judicial review? Any way I can urge Home Office for (relatively) quick action?
Best Regards,
Ali
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.

Hi Nicola, Please cancel the question, would prefer a refund. Regards,XXXXXX

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