Legal challenge to government’s ‘Good Character’ policy supported by ATLEU

ATLEU has provided a statement in support of a legal challenge to the government’s new proposals to deny UK citizenship to those who arrive here illegally which will impact a large number of survivors of trafficking.

New ‘Good Character’ guidance issued by the Home Office in February states that anyone who enters the UK illegally or by a so called “dangerous journey”, such as by small boat or because they were hidden in a lorry, will “normally” be refused citizenship, regardless of how much time has passed since the person entered the UK.

Three refugees with indefinite leave to remain in the UK have filed a judicial review claiming that the new policy is unlawful.

Duncan Lewis Solicitors are representing the individuals bringing the legal case. Alongside ATLEU, the claim is also being supported by witness evidence from Refugee Action, After Exploitation and Women Against Rape.

Jeremy Bloom, Consultant Solicitor at Duncan Lewis Solicitors said:

‘The changes to the Good Character Policy are misguided, unlawful, and impractical. This policy potentially affects the tens of thousands of people whose asylum claims were admitted to be considered in the UK, who have been recognised as refugees because of the persecution they faced in their countries of origin, and who have already passed all the necessary tests of their character to be granted settled status in the UK. It also potentially affects the thousands of people who are trafficked into the UK, and people granted other forms of leave, such as victims of gender-based violence and stateless individuals.’

Carita Thomas, Head of Legal Practice at ATLEU, said:

‘The government’s change to the policy on good character harms a large number of survivors of trafficking. Citizenship applications are now more complex and a survivor will be forced to go back over traumatic events they had hoped to put behind them. We are also concerned this policy will have the chilling effect of preventing survivors from applying at all. Fear is already spreading among survivors at this change, many of whom hoped to become British after years of struggle through the UK trafficking and immigration systems and after integrating into life in this country.’

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Rights and justice for all survivors: ATLEU’s response to the Border Security, Asylum and Immigration Bill