A young Afghan refugee launched the first legal challenge against the planned changes of the British government to the rules of citizenship, which could prevent those who arrive via “dangerous trips”, such as small boats or trucks, from obtaining British citizenship .
The case is carried by a 21-year-old Afghan who fled Afghanistan at the age of 14, arriving in the United Kingdom after being smuggled in the back of a truck. The refugee obtained asylum and, after five years, received indefinite leave to stay.
He was to ask for British citizenship on March 1, but new government proposals introduced last week made the refugees who arrived by irregular means to apply, regardless of the time they spent in the United Kingdom.
Tens of thousands of refugees could be affected by the new guidelines, which indicate that on February 10, 2025, any person applying for citizenship who previously entered illegally in the United Kingdom will be refused, even if they live in the country for many years.
The Afghan refugee behind the challenge described the situation as “a source of great anxiety”, fearing that the new rules would leave him vulnerable and isolated, unable to vote or travel freely. Changes have made him feel uncertain about his future in the United Kingdom, where he has lived for almost seven years.
His legal team, led by Toufic in Hôsain by Duncan Lewis Solicitors, argues that the updated advice, which defines refugees as not of “good character” because of their entry method, is illegal.
Hospals criticized politics as a political motivation, accusing the secretary of the Yvette Cooper to repeat the errors of previous administrations by introducing measures aimed at punishing refugees and migrants who have entered the United Kingdom by irregular channels.
The new policy is one of the updated government directives concerning the requirement of “good character” for citizenship. Under the revised rules, candidates who have illegally entered the United Kingdom – including those who arrive via small boats – are deemed inadmissible to British citizenship, whatever their conduct since their arrival.
Before the publication of these directives, the Afghan refugee would have satisfied the right requirements of character. He has no criminal record, followed the immigration rules, has a strong mastery of English and plans to train as a mechanical engineer to contribute to the British economy and society.
The judicial challenge stresses that the new policy contradicts international law, including the 1951 UN refugee convention, which declares that refugees should not be penalized for illegal entry.
The Convention also calls on states to accelerate naturalization processes for refugees. The legal complaint argues that the new government’s new policy interprets the provisions of the 1981 law on British nationality and violates the European Convention on Human Rights and Equality.
Politics has aroused many criticisms, with refugee defense groups and certain labor deputies, including Stella Creasy, condemning it as a measure which would permanently keep refugees in a position of second -class citizenship.
A spokesperson for the Home Office defended the changes, saying: “There are long-standing rules that can prevent those who have illegally arrive from obtaining citizenship. These advice strengthen these measures to clearly indicate that anyone who enters the United Kingdom , including the small boats, the facts have dismissals a request for British citizenship refused.
