UI2024000233

              The appellant is a naturalised British citizen. He was born on 18 September 1975 in Albania. He appeals with permission against the decision of First-tier Tribunal Judge Bibi dismissing his appeal against a decision dated 26 November 2021 to deprive him of his British citizenship. Permission to appeal to this Tribunal was granted on 5 January 2024 by First-tier Tribunal Judge Saffer.

              The First-tier Tribunal Judge has misdirected herself in law as to the nature of the First-tier Tribunal's jurisdiction and approach to the appeal under the British Nationality Act 1981.

              The issue before the First-tier Tribunal was set out in the skeleton argument and was whether the respondent had exercised her discretion correctly with reference to Wednesbury principles. In the light of Chimi it was an error for the judge to assert that the appellant could take these points in a judicial review challenge. The judge misdirected herself in law as to the nature of her jurisdiction to determine the issues raised by the decision.

              The judge materially erred in law by failing to take any or adequate account of or by failing to make any or adequate reasoned finding on material matters when rejecting the appellant's challenge to the respondent's exercise of discretion to deprive him of British nationality.

              The judge failed to make a clear finding on whether Article 8 ECHR is engaged on the facts of the appellant's case and then failed to consider the proportionality question in light of the relevant facts.