IA026682021

      This is an appeal by the Secretary of State for the Home Department against the decision of the First-tier Tribunal allowing Mr Dedgjonaj's appeal against the decision of 4 December 2020 notifying him of the intention to deprive him of his British nationality under section 40(3) of the British Nationality Act 1981.

      For the purposes of this decision, we shall hereinafter refer to the Secretary of State as the respondent and Mr Dedgjonaj as the appellant, reflecting their positions as they were in the appeal before the First-tier Tribunal.

      The respondent, in a decision dated 4 December 2020, did not accept the appellant's explanation as a justification for the deception. The respondent concluded that his British citizenship had been obtained fraudulently, that he should be deprived of that citizenship under section 40(3) of the British Nationality Act 1981 and that it was reasonable and proportionate to do so.

      The appellant appealed against that decision under section 40A(1) of the British Nationality Act 1981. His appeal was heard on 10 January 2022 by First-tier Tribunal Judge Kudhail who found that the respondent's delay in pursuing deprivation was prolonged, unexplained and inexcusable and that as a result the proportionality balance under Article 8 was tipped in the appellant's favour. The judge allowed the appellant's appeal on human rights grounds.

      Permission to appeal was sought by the respondent and, albeit initially refused in the First-tier Tribunal, was subsequently granted by the Upper Tribunal on 20 May 2022. The matter was then listed for a hearing on 11 August 2022.