The core of the law centre’s work is that families should receive equal and unbiased treatment. This natural right was being withheld from family B.

At the appropriate time, the father applied to the Home Office for further leave to remain this was eventually granted and was followed after due process of law with indefinite leave to remain in the UK.

However, further applications to the Home Office on behalf of the two sons within the family failed to get a balanced judgment. The first brother approached the law centre for assistance with his naturalisation application. Without help we ensured he met the criteria for naturalisation the law centre ensured and application was submitted on his behalf.

Sadly, when the second brother approached the law centre for similar help this application was refused. In this incidence the Home Office requested evidence of his length of residence in the UK and proof of address. There was no such evidence available since client never has any post directly sent to him, as it was sent to the father as he was a child at the time.

The law centre guidance was that he approached the job centre, benefits agency etc to obtain evidence of fathers claims which board show child benefit payments. This took some time to obtain and in the interim the Home Office refused his application for failure to provide the evidence.

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The law states

If an application for naturalisation is refused, there is no right of appeal, the only method to challenge the decision is by Judicial Review. If the applicant has demonstrated that he cannot satisfy the criteria (which appeared so in the view of the Home Office) then there can be no challenge.

While of competent to stay a judicial review it was felt that submission of supporting evidence based upon the history and good name of the law centre would provide for a speedier resolution, thankfully, this proved to be the case and we were able to persuade the Home office to re open the case and use the same basis in law we used to obtain citizenship for the 1st brother. The second brother has now been granted British Citizenship and the family is safe and reunited.