I completed a biodata interview and form with UKBA in relation to Mozambique
and they have arranged an appointment for me with the Mozambique embassy
but I still first need to be able to obtain the money to travel to London. I believe
that it will be necessary for me to arrange formal appointments with the Zambian
and Zimbabwean embassies because UKBA are unlikely to accept my account of
telephone conversations. Only this way will I be able to establish if I have a nationality
or a solution to my current situation. When I asked immigration officers what would
happen next if these embassies did not accept me they said ‘It is your problem’. I find
this frustrating as I am trying to cooperate with them.”
Steven has been denied section 4 support178 and, at the time of his interview for the
research, was destitute and sleeping at a homeless shelter. He has very limited resources
with which to try to establish his nationality, lacking even the cost of a two hour train
journey to London to attend interviews with relevant embassies. His perception of his
situation and treatment is that:
“They are happy to leave me in limbo because they know that I am not a risk to the
public and they do not need to pay the cost of detaining me. They do not care how I
support myself as this is not a consideration for them.”
Other relevant UK caselaw exists, relating to how nationality ought to be assessed in the
context of refugee status determination procedures. The Court of Appeal has outlined the
standard of proof that an asylum applicant must meet if he or she is to show that their State
of nationality will not provide appropriate travel documentation, as well as the evidence that
an applicant is expected to produce to discharge the burden of proof. First of all, unlike other
aspects of an asylum claim, the standard of proof is the “balance of probabilities”. Secondly,
the Court recognised that in some circumstances it will not be appropriate to expect an
asylum applicant to approach the consular authorities of their country of nationality to show
that they are not prepared to re-document the applicant, as this might put the applicant or
family members in the country of origin at risk. Thirdly, it has held that in a “normal case” the
authorities can require the applicant “to act bona fide and take all reasonably practicable
steps to seek to obtain the requisite documents to enable her to return”.179
Further, the Immigration Appeal Tribunal and Asylum and Immigration Tribunal have rejected
a hierarchical approach to the sources of evidence in assessing nationality. A wide range of
sources of evidence can be considered which include:
(i)
Relevant documentation. The relevant country of nationality may be established with
documentation such as a passport or travel document. In Polivina (18441), in which a
claimant was adjudged to be Croatian, possession of a passport was held to create a
strong presumption of citizenship which could only be displaced by weighty evidence
to the contrary. However, other items of documentation may be relevant, e.g. letters
from relevant authorities in the country concerned or (as in the instant case) birth
certificates in respect of countries that operate qualified or unqualified ius soli;
(ii) The claimant. Where documentation is not available or admitted to be false, evidence
from the claimant will be especially important. Relatives and friends may also have
relevant evidence. Just because there is no documentary evidence to support the
appellant`s claimed nationality is not fatal if his word is believed as to his nationality;
78
178
See Section 5.3.
179
M.A. (Ethiopia) v. SSHD, op. cit. paras. 49-50 and 78-83.
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