Wilson Solicitors act in challenge to ‘good character’ British citizenship policy

Wilson Solicitors are acting for a Syrian refugee in a judicial review challenge of the Home Office’s policy on assessing good character for applications to naturalise as a British citizen. 

This policy was amended on 10 February 2025 to provide that people who arrive or enter illegally will now normally have their applications for British citizenship refused indefinitely. You can read further information about the background to the challenge in our earlier post here.

Our challenge argues that the policy is unlawful because it: (1) directs Home Office decision makers to act in a way that is contrary to the law, including the Refugee Convention; (2) fails to direct them to consider human rights law; (3) is discriminatory; and (4) is irrational.

Before lodging the judicial review we sought to negotiate with the Home Office. 

The Home Office has agreed to amend the policy to address Article 31 of the Refugee Convention, which says that states should not penalise refugees for their illegal entry if they travel directly to the country in which they seek asylum. The Home Office has indicated that this will be done by end May.

The Home Office refused two further requests: (1) that the policy should not have retrospective effect; and (2) to provide a reasonable period for the Immigration Law Practitioners’ Association (ILPA) to provide representations, so that all relevant issues and the position of all relevant persons could be considered.

We have also been working with ILPA in relation to amendments to draft legislation currently before Parliament which would ensure that the good character requirement is not applied in a manner that is contrary to international law, and would ensure that it is not applied to refugees who were unable to travel to the UK via another immigration route (see page 37 here).

Mala Savjani, Jed Pennington and Anna Olney-Smith are working on the case, instructing barristers Victoria Laughton and David Chirico KC.

Our immigration department are also acting in individual applications for British citizenship. Partner Marcela Navarrete is leading this work.

You can read journalist Diane Taylor’s article in the Guardian on the case here.