UI2023001210 & UI2021001530

       The appellant appeals, with permission, against the decision of the First-tier Tribunal dismissing his appeal against the decision to deprive him of his British nationality under section 40(3) of the British Nationality Act 1981.

       On 21 May 2002 the appellant applied for further leave to remain in his false identity and was interviewed about his application, claiming again to be at risk on return to Kosovo. His application was refused on 9 August 2004 and he appealed against the decision, maintaining the same false claim before the Tribunal. His appeal was dismissed on 18 November 2004.

       The appellant's case was subsequently reviewed by the Case Resolution Directorate team within the Home Office and on 7 June 2011 he was granted indefinite leave to remain (ILR) outside the immigration rules, under the legacy cases programme, on the basis of his length of residence in the UK, in the same false identity.

       On 20 May 2011 the appellant made an application on Form AN to apply to naturalise as a British citizen, in the same false identity, and completed the Good Character Requirement section confirming his good character. He was issued with a certificate of naturalisation on 31 January 2012, in the identity of Irfan Halili, born on 3 May 1984 in Kosovo.

       A Home Office investigation letter was sent to the appellant on 15 May 2020, informing him that the Secretary of State had reason to believe that he had obtained his British citizenship as a result of fraud and was considering depriving him of his British citizen status under section 40(3) of the British Nationality Act 1981. The appellant was invited to respond. His solicitors did so on his behalf on 20 May 2020, giving the same reasons for the deception, and they provided his Albanian birth certificate and his Albanian family certificate.