UKSC/2016/0211

Bakijasi (AP) (Appellant) v Secretary of State for the Home Department (Respondent)

Judgment given

Case summary


Case ID

UKSC/2016/0211

Parties

Appellant(s)

Agron Bakijasi (also known as Agron Ajdini)

Respondent(s)

Secretary of State for the Home Department

Issue

Whether the appellants’ fraud made their acquisition of British citizenship a nullity rather than rendering them liable to deprivation of citizenship in accordance with sections 40 and 40A of the British Nationality Act 1981

Facts

The appellants arrived in the UK in the late 1990s and falsely claimed asylum from persecution in Kosovo, when each was in reality an Albanian national. Mr Bakijasi also gave a false name and date of birth, and Mr Hysaj gave a false date of birth. A few years later they were granted indefinite leave to remain and then made successful applications to the respondent for citizenship by naturalisation. Their fraud came to light in 2007 and 2008 and the respondent advised each of them that their citizenship had been rendered a nullity. The appellants sought judicial review of that decision but their claims were dismissed by the High Court and the Court of Appeal. Mr Hysaj’s application for an extension of time to file a notice of appeal to the Court of Appeal was referred for an oral hearing by the Court of Appeal with two unrelated case, in order for guidance to be given regarding the approach to such applications. Mr Hysaj was granted an extension of time but contends that the approach of treating his application as one for relief against sanctions was wrong.

Date of issue

1 December 2016

Judgment appealed

Judgment details


Judgment date

21 December 2017

Neutral citation

[2017] UKSC 82

Appeal


Justices

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