Rasheed, R (On the Application Of) v Secretary of State for the Home Department (Rev 1)

A grant of British citizenship is a nullity only within the narrow category of cases involving fraudulent impersonation, rather than every false statement or innocent mistake. The false identity must concern a material characteristic, such as name, date or place of birth, and the fraud must have materially contributed to the grant. The issue is one of fact for the court, with the burden on the Secretary of State and proof on the ordinary civil balance of probabilities. Fairness ordinarily requires a fuller interview or written notice before nullity is declared.

The claimant challenged decisions declaring his British naturalisation certificate null and void. The Secretary of State concluded that, when claiming asylum in 2001, he had falsely represented himself as a person born in Mosul, whereas his true identity was Pusho, born in Erbil. The claimant denied identity fraud and argued that any false place of birth had not materially affected naturalisation. He also challenged the procedure followed before the original decision. The central issues were whether he had fraudulently adopted the asserted identity and whether that representation was material to citizenship.

1. The claim was dismissed. The court found that the claimant was Pusho, born in Erbil, and had falsely and fraudulently represented himself in 2001 as MMR, born in Mosul.
2. The representation concerning Mosul was material to citizenship. It led to exceptional leave to remain, then indefinite leave to remain and naturalisation.
3. The principles identified in Kaziu v Secretary of State for the Home Department [2014] EWHC 832 (Admin) were accepted as authoritative. Nullity requires fraudulent misrepresentation of identity and materiality to the grant. The Secretary of State bears the burden, and the issue is one of fact for the court.
4. Following Re B (Children) (Care Proceedings: Standard of Proof) [2009] 1 AC 11, the ordinary civil standard applied. The seriousness of the allegation affected the evidence required but did not create an enhanced standard.
5. The court stated that fairness ordinarily requires fuller interview or written notice before nullity is declared. The Amman interview was open to criticism, but later factual investigation substantially cured any unfairness.

not stated in the judgment.