Report on United Kingdom
similar.64 It is therefore not, in practice, difficult for governments to change aspects of
nationality law or of those parts of the immigration rules which affect eligibility for
naturalisation (such as qualification for settlement) in line with political priorities.
As already mentioned, the grant of naturalisation is always discretionary and
may, in theory, be refused even if the applicant meets all the criteria although in
practice, refusal is always on one of the statutory grounds, particularly good character,
and an explanation is always given and, indeed, may be required on the grounds of
fairness. As mentioned above, refusals may be challenged through judicial review and
there is a tendency to cede doubtful cases to avoid them becoming judicial precedents
binding on subsequent courts under the UK’s doctrine of precedent. The Secretary of
State does not have power to exercise discretion in favour of applicants except to the
extent permitted by statute.
64
R (on the application of Munir and another) v Secretary of State for the Home Department [2012]
UKSC 32; R (on the application of Alvi) v SSHD [2012] UKSC 33. The immigration rules are subject
to negative.
RSCAS/EUDO-CIT-CR 2014/1 - © 2014 Authors
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