Citizenship refusal based on good character, any chance to reconsider?

[Seekadvice]

Hi, I wonder if you can advice me here?
My husband and I arrived in the UK March 2011 with student visa (husband was main applicant), soon after applied for asylum and was granted. We received 5 years leave to remain. Then we applied for ILR and was granted. Waited for 12 months and then applied for naturalism. After 3 month just received a letter saying both application were refused based on good character:
'Our enquiries into your application reveal that you arrived in the UK with student visa but later admitted your true reason was to claim asylum and not to return to your country. You therefore committed a breach of section 26 1 (c) of the 1971 immigration act (IA) (as amended) and committed an offence contrary to section 24(A)(1)(a) of the 1971 immigration act (as amended). In view of your actions you are advised that an application made before 12/09/2021 is unlikely to be successful.'
We are so disappointed. We have clear history here, highly educated (have PhD and work at university), work so hard, never claimed any housing benefits etc.
Is there any chance we can apply for reconsideration?
Many Thanks,

[CR001]

For the benefit of any member who can offer advice.

section 26 1 (c) of the 1971 immigration act (IA) (as amended)

Which says :

26 General offences in connection with administration of Act.
(1)A person shall be guilty of an offence punishable on summary conviction with a fine of not more than [F1[F2level 5] on the standard scale] or with imprisonment for not more than six months, or with both, in any of the following cases—
(a)if, without reasonable excuse, he refuses or fails to submit to examination under Schedule 2 to this Act;
(b)if, without reasonable excuse, he refuses or fails to furnish or produce any information in his possession, or any documents in his possession or control, which he is on an examination under that Schedule required to furnish or produce;
(c)if on any such examination or otherwise he makes or causes to be made to an immigration officer or other person lawfully acting in the execution of [F3a relevant enactment] a return, statement or representation which he knows to be false or does not believe to be true;

And...

committed an offence contrary to section 24(A)(1)(a) of the 1971 immigration act (as amended).

Link below.
https://www.legislation.gov.uk/ukpga/1971/77/section/24

[vinny]

They have the burden of proof that the student visas were falsely obtained.
Moreover, if they may grant refugees Naturalisation after an unlawful entry, then it seems unreasonable and contrary to policy to refuse you.

[Sam1140]

Hiya

Are you going to appeal?

[CR001]

Hiya

Are you going to appeal?

There is no appeal process for refused citizenship applications. There is only a request for reconsideration, costing almost £380 and no time limit to be completed.

[Sam1140]

Thanks, CR001, undrestood

[Seekadvice]

Hi, just wanted to know if anybody has ever done reconsideration based on good character?! If so if you ever got any reply back from HO?! Any success?! Do we have any chance?! Thanks

[Sam1140]

Hi, I think it worth to request for reconsideration,

I hope you get the approval

[Seekadvice]

Thanks, but how should we defend our self in the reconsideration letter?! Has anyone had applied for reconsideration before and can advice how to write it ?!

[cyclina1]

'Our enquiries into your application reveal that you arrived in the UK with student visa but later admitted your true reason was to claim asylum and not to return to your country. You therefore committed a breach of section 26 1 (c) of the 1971 immigration act (IA) (as amended) and committed an offence contrary to section 24(A)(1)(a) of the 1971 immigration act (as amended).

then you need to counter-agrue that their decision is wrong, or they used the wrong rule to refuse you. Which you need someone really expert on this.

[cyclina1]

They have the burden of proof that the student visas were falsely obtained.
Moreover, if they may grant refugees Naturalisation after an unlawful entry, then it seems unreasonable and contrary to policy to refuse you.

Actually a lot of cases get refused because of unlawful entry as well. And the HO can pick up the wrong doing anytime. I think the HO did have prove they were not genuinely for studying as in the decision letter also clearly mentioned that. I think they picked this up by the interview record when they applied asylum....

So the reconsideration is slim, in my opinion.

[vinny]

We have clear history here, highly educated (have PhD and work at university), work so hard, never claimed any housing benefits etc.

If they had successfully completed their PhDs in the UK, then it would be difficult for the Home Office to claim that they were not genuine students in the UK.

[vinny]

The refusal seems to imply that students and asylum seekers are mutually exclusive.

But students are eligible to apply for asylum.

There is also nothing in the Tier 4 (General) rules to prevent the holder to apply for asylum.

Unlike the visitor rules, there also doesn't appear to be any rules under Tier 4 (General) that requires the holder intends to return to their home country upon completion of their leave. If there were, then all Tier 4 (General) holders would be unable to apply for ILR under Long residence.

Therefore, the above refusal of naturalisation under the Good Character gounds seems to be logically unjustifiable.

[Seekadvice]

Hiya


There is no appeal process for refused citizenship applications. There is only a request for reconsideration, costing almost £380 and no time limit to be completed.

Could you please advice on how to write a Letter for Reconsideration in my case please?! thanks

[babe_khyber]

Its up to you if you want to apply reconsideration request but in my personal point of view it is just a game of money and wast of time. I was refused in the beginning of 2016 and request for reconsideration but unfortunately after 18 months latter received again refused with attention for new application. Even durring my initial application the home office sent letter to our MP confirm any investigation has been completed and confirmed the home office didn't revealed any cause of concern about his good character. The appliy Pre Action Protocol and the home office didn't respond within 14 days that is why I decided to take the matter to high court and appliy for Judicial review application for Permission in January 2018 and still waiting for Permission. The home office reply to pre action letter last month instead of 14 day.
Don't wast money and time if you want to argument then take the matter to court for JR there is no proper appeal right.
Best wishes.
Baby khyber

[Seekadvice]

Its up to you if you want to apply reconsideration request but in my personal point of view it is just a game of money and wast of time. I was refused in the beginning of 2016 and request for reconsideration but unfortunately after 18 months latter received again refused with attention for new application. Even durring my initial application the home office sent letter to our MP confirm any investigation has been completed and confirmed the home office didn't revealed any cause of concern about his good character. The appliy Pre Action Protocol and the home office didn't respond within 14 days that is why I decided to take the matter to high court and appliy for Judicial review application for Permission in January 2018 and still waiting for Permission. The home office reply to pre action letter last month instead of 14 day.
Don't wast money and time if you want to argument then take the matter to court for JR there is no proper appeal right.
Best wishes.
Baby khyber

Thanks, I gather the HO refused your case based on good character, but what was their reason(s) saying that?

[Sam1140]

Hi Seekadvice

Just a quick question

Has passport fee deducted from your account? Just wondering if the refusal still can be given after the passport fee deduction

thanks

[Seekadvice]

Hi Seekadvice

Just a quick question

Has passport fee deducted from your account? Just wondering if the refusal still can be given after the passport fee deduction

thanks

Yes Passport fee was deducted few days after the application was submitted.