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Special Immigrations Appeals Commission |
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You are here: BAILII >> Databases >> Special Immigrations Appeals Commission >> FM (Naturalisation : Rule 38) [2014] UKSIAC 1_SN_2_2014_2 (14 November 2014) URL: http://www.bailii.org/uk/cases/SIAC/2014/SN_2_2014_2.html Cite as: [2014] UKSIAC 1_SN_2_2014_2 |
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Appeal No: SN/2/2014 Hearing Date: 28 October 2014
Date of Judgment: 14 November 2014
Before:
APPELLANT
and
RESPONDENT
For the Respondent: Ms C Callaghan & Mr J Blake
Instructed by: The Treasury Solicitor for the Secretary of State
Special Advocate Representative: Mr M Goudie
Instructed by: Special Advocate’s Support Office
For the Appellant: Mr R De Mello
Representative: Broudie Jackson Canter
The background can be found in the OPEN judgment of Mr Justice Irwin, sitting with Upper Tribunal Judge Peter Lane and Sir Stephen Lander, AHK and Others v SSHD 18th July 2014 and in the Directions judgment of Upper Tribunal Judge Peter Lane, FM and AM v SSHD delivered earlier in July 2014.
This is a naturalisation case. We bear in mind the significance to the appellant of refusal. We also bear in mind that naturalisation is a privilege and not a right. In relation to disclosure we adopt the principles set out by Mr Justice Irwin in AHK and Others.
We are mindful of the fact that an appellant in a SIAC case is hampered by not knowing all the evidence against him. We have sought to ensure that disclosure has been such that the issues can be fairly and justly determined.
Mr Goudie and Mr Blake's sensible discussions have resulted in additional material being moved from CLOSED to OPEN.
We have ordered some further disclosure in relation to the discrimination claim. That disclosure relates to the proportion (where reasons were given) of refusals of naturalisation where the stated reason was association with or involvement with Muslim extremism. This was for the period 2006 to 2009.
