Thursday 22 June 2023
Second appeal. National of Pakistan. Deprivation of British citizenship. He had an EEA residence card based on being a durable partner of a Polish national. Deprivation based on fact that he had said he was divorced from his wife but had been involved in a relationship with her throughout.
The First Tier Tribunal dismissed the appeal because the Divorce Deed was not what it purported to be and the SSHD had sufficient evidence of fraud and that the Divorce Deed had been instrumental in obtaining the Residence card.
It was conceded before the Upper Tribunal that the FTT had erred in failing to consider whether A knew that the Divorce Deed was not what it purported to be and finding that A must offer an innocent explanation. At a separate hearing the UT dismissed the appeal in a determination promulgated on 24th January 2022. A had obtained citizenship by saying he had a durable relationship with the Polish national when his relationship with his wife was ongoing and the Divorce Deed was not therefore evidence of the durable relationship with the Polish national. Applying KV, A had obtained citizenship by concealment of a material fact.