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28 February 2014
Issue: 7596 / Categories: Case law , Law digest , In Court
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Citizenship

R (on the application of Hiri) v Secretary of State for the Home Department [2014] EWHC 254 (Admin), [2014] All ER (D) 165 (Feb)

In deciding whether applicants for naturalisation met the requirement that they were of good character within para 1(1) of Sch 1 to the British Nationality Act 1981, the secretary of state had to consider all aspects of their character. The statutory test was not whether applicants had previous criminal convictions—it was much wider in scope than that. In order to conduct a proper assessment, the secretary of state had to have regard to the outline facts of any offence and any mitigating factors. She also had to have regard to the severity of the sentence, within the sentencing range, as that might be a valuable indicator of the gravity of the offending behaviour in the eyes of the sentencing court. The secretary of state was entitled to adopt a policy on the way in which criminal convictions would normally be considered by her caseworkers, but it should not be applied mechanistically and inflexibly. There

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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