Ullah (appellant) v Secretary of State for the Home Department (respondent)
Thursday 14 December 2023
A was a national of Pakistan who arrived in 2004 with a work permit, was granted leave to remain in 2009 and who obtained citizenship in September 2012. In October 2012 he was arrested on suspicion of conspiracy to defraud, fraud and possession of criminal property and pleaded not guilty only to the latter. The remaining charges were stayed. He received a 51 month sentence and returned to Pakistan on his release in 2013. When other conspirators were tried a ledger was found in A’s home showing details of payments connected with the conspiracy. R deprived A of citizenship in 2016 and sent it to A’s last known address. It was re-served on A’s return in 2019.
The First Tier Tribunal allowed the appeal – the respondent failed to show that the appellant knew that his conduct between 2010 and 2012 was criminal in nature and that, as a consequence, the appellant had not practised deception when making his naturalisation application in June 2012.
The Upper Tribunal Immigration and Asylum Chamber found an error of law and set aside the decision.
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