SIAC rules in favour of the SSHD in Special Immigration Appeals Commission Act 1997, s 2D application


Re: MWH v SSHD SN/57/2015

This case considered an application under Special Immigration Appeals Commission Act 1997, s 2D. It follows from a refusal by the SSHD to accept MWH’s naturalisation application on the ground that he was not of “good character” and that “it would be contrary to the public interest to give reasons” in his case.

The Commission relied on their reasons in Closed judgment in deciding that the SSHD had complied with her own published policy, and the decision was rational, proportionate and did not breach her duty of sufficient enquiry. Also, the SSHD did not act in bad faith or for a purpose which was not within the purposes of the British Nationality Act 1981 and the decision had not been procedurally unfair. Finally, had ECHR, art 8 been applicable the interference was justified in accordance with art 8 (2).

Nick Armstrong and Hugh Southey QC were involved in this case.