Latest news with #ToufiqueHossain
Express Tribune
20-02-2025
- Politics
- Express Tribune
Afghan refugee challenges UK citizenship rules for illegal entry
Listen to article A young Afghan refugee has launched the first legal challenge against the UK government's planned changes to citizenship rules, which could prevent those who arrive via 'dangerous journeys,' such as small boats or lorries, from obtaining British citizenship. The case is being brought by a 21-year-old Afghan who fled Afghanistan at the age of 14, arriving in the UK after being smuggled in the back of a lorry. The refugee was granted asylum and, after five years, received indefinite leave to remain. He was scheduled to apply for British citizenship on March 1, but new government proposals introduced last week have made it almost impossible for refugees who arrived through irregular means to apply, regardless of the time they have spent in the UK. Tens of thousands of refugees could be impacted by the new guidelines, which state that from February 10, 2025, anyone applying for citizenship who previously entered the UK illegally will be denied, even if they have lived in the country for many years. The Afghan refugee behind the challenge has described the situation as "a source of great anxiety," fearing that the new rules will leave him vulnerable and isolated, unable to vote or travel freely. The changes have made him feel uncertain about his future in the UK, where he has been living for nearly seven years. His legal team, led by Toufique Hossain of Duncan Lewis solicitors, argues that the updated guidance, which defines refugees as not of 'good character' because of their method of entry, is unlawful. Hossain criticized the policy as politically motivated, accusing Home Secretary Yvette Cooper of repeating the mistakes of previous administrations by introducing measures aimed at punishing refugees and migrants who entered the UK through irregular channels. The new policy forms part of updated government guidance regarding the 'good character' requirement for citizenship. Under the revised rules, applicants who entered the UK illegally — including those arriving via small boats — are deemed ineligible for British citizenship, regardless of their conduct since their arrival. Prior to the publication of this guidance, the Afghan refugee would have met the good character requirements. He has no criminal record, followed immigration rules, has a strong command of English, and plans to train as a mechanical engineer to contribute to the British economy and society. The legal challenge points out that the new policy contradicts international law, including the 1951 UN Refugee Convention, which states that refugees should not be penalized for illegal entry. The convention also calls for states to expedite naturalization processes for refugees. The legal claim argues that the government's new policy misinterprets the provisions of the 1981 British Nationality Act and breaches the European Convention on Human Rights and equality laws. The policy has sparked widespread criticism, with refugee advocacy groups and some Labour MPs, including Stella Creasy, condemning it as a measure that would permanently keep refugees in a position of second-class citizenship. A Home Office spokesperson defended the changes, saying, "There are longstanding rules that can prevent those arriving illegally from gaining citizenship. This guidance is strengthening these measures to make it clear that anyone who enters the UK illegally, including small boat arrivals, faces having a British citizenship application refused."
The Guardian
19-02-2025
- Politics
- The Guardian
Planned change in British citizenship rules faces first legal challenge
Plans to prevent refugees who arrive in the UK on a small boat, lorry or via other 'irregular' means from becoming a British citizen are facing their first legal challenge. The challenge is being brought by a 21-year-old Afghan refugee who arrived in the UK aged 14, after fleeing the Taliban and being smuggled to Britain in the back of a lorry. He was granted refugee status and after five years was granted indefinite leave to remain. He was due to apply for British citizenship on 1 March. However, he is now unable to do so after government plans emerged last week making it almost impossible for any refugee who arrives via 'a dangerous journey' to become a British citizen, regardless of the time that has passed since they arrived in the UK. Tens of thousands of people are potentially affected by the new rules. According to the legal challenge submitted – a pre-action protocol – the change in the citizenship rules is 'a source of great anxiety to him' and has made him feel vulnerable in the UK due to the volatility of UK immigration laws. He fears being isolated from the rest of British society, not being able to vote nor to travel freely. Toufique Hossain of Duncan Lewis solicitors, who is representing the refugee, said: 'It is upsetting for so many who had hoped for a new approach to now see this home secretary repeating the same mistakes as her various predecessors. For the sake of political expediency, [Yvette Cooper is] willing to roll out unlawful polices with the sole purpose of punishing migrants and refugees – those who are quite clearly of good character and eligible for citizenship.' The changes are contained in updated government guidance about good character requirements, and because of the method of arrival in the UK, refugees are no longer deemed by government to be of good character even though they rarely have any choice but to arrive via irregular means. The new guidance states: 'Any person applying for citizenship from 10 February 2025, who previously entered the UK illegally, will normally be refused, regardless of the time that has passed since the illegal entry took place.' Prior to the new guidance being published the Afghan refugee bringing the legal challenge would have met the good character rules with no criminal record, compliance with all immigration rules while in the UK, a good command of English and his plans to train as a mechanical engineer to contribute to British society and the economy. Following laws passed by the previous government it is now an offence to enter the country without permission despite the UK being signatory to international law treaties, such as the 1951 UN refugee convention, which state that asylum seekers and refugees should not be penalised for illegal entry. The convention says that states should make every effort to expedite naturalisation proceedings. The legal challenge argues that the new policy misrepresents the true legal position on the good character requirement in the 1981 British Nationality Act, and is therefore unlawful. It says it also breaches parts of the European convention on human rights and equality legislation. Sign up to Headlines UK Get the day's headlines and highlights emailed direct to you every morning after newsletter promotion The change has been condemned by refugee organisations and some Labour MPs, including Stella Creasy, who said the change 'meant refugees would forever remain second-class citizens'. The Home Office has been approached for comment.
