“IMPORTANT: Before completing this form, you should read the accompanying Guide. …”
“3.9-3.11 You must also say here whether you have had any involvement in terrorism. If you do not regard something as an act of terrorism but you know that others do or might, you should mention it. You must also say whether you have been involved in any crimes in the course of armed conflict, including crimes against humanity, war crimes or genocide. If you are in any doubt as to whether something should be mentioned, you should mention it…. This guidance is not exhaustive. Before you answer these questions you should consider the full definitions of war crimes, crimes against humanity and genocide which can be found in Schedule 8 of theInternational Criminal Court Act 2001 at the following website... 3.12 You must say whether you have been involved in anything which might indicate that you are not of good character. You must give information about any of these activities no matter how long ago it was. Checks will be made in all cases and your application may fail and your fee will not be fully refunded if you make an untruthful declaration. If you are in any doubt about whether you have done something or it has been alleged that you have done something which might lead us to think you are not of good character you should say so.”
“You must also say here whether you have had any involvement in terrorism. If you do not regard something as an act of terrorism but you know that others do or might, you should mention it. You must also say whether you have been involved in any crimes in the course of armed conflict, including crimes against humanity, war crimes or genocide. If you are in any doubt as to whether something should be mentioned, you should mention it. The following information provides guidance on actions which may constitute genocide, crimes against humanity and war crimes. This guidance is not exhaustive. Before you answer these questions you should consider the full definitions of war crimes, crimes against humanity and genocide which can be found in schedule 8 of theInternational Criminal Court Act 2001 at the following website: http://www.hmso.gov.uk/acts/acts2001/20010017.htm. Alternatively, copies can be purchased from the Stationery Office, telephone 0870 600 5522. It is your responsibility to satisfy yourself that you are familiar with the definitions and can answer the questions accurately.”
“War Crimes Grave breaches of the Geneva Conventions committed during an armed conflict. This includes an internal armed conflict and an international armed conflict. The types of acts that may constitute a war crime include wilful killing, torture, extensive destruction of property not justified by military necessity, unlawful deportation, the intentional targeting of civilians and the taking of hostages. Organisations concerned in terrorism An organisation is concerned in terrorism if it: a. commits or participates in acts of terrorism, b. prepares for terrorism, c. promotes or encourages terrorism (including the unlawful glorification of terrorism), or d. is otherwise concerned in terrorism”
“In this section you need to give information which will help the Home Secretary to decide whether he can be satisfied that you are of good character. Checks will be made with the police and possibly other Government Departments, the Security Service and other agencies.”
“3.8 Have you ever been charged or indicted inside or outside the United Kingdom with a criminal offence for which you have not yet been tried in court? 3.9 In times of peace or war, have you ever been involved in or suspected of involvement in war crimes, crimes against humanity or genocide? 3.10 Have you ever been involved in, supported or encouraged terrorist activities in any country? Have you ever been a member of or given support to an organisation that has been concerned in terrorism? 3.11 Have you ever, by any means or medium, expressed views that justify or glorify terrorist violence or that may encourage others to terrorist acts or other serious criminal acts? 3.12 Have you engaged in any other activities which might indicate that you may not be considered a person of good character?”
“Please sign below once you are satisfied that you have completed the form correctly.”
“You have stated that you were a member of the LTTE between 1990 and 1996. You served in the front lines as an infantryman. You fought at the Pooneryn battle in 1993. As shown in this evidence, LTTE fighters committed the war crime of the murder of POWs during this battle. You also fought in the battle at Mullaitivu in 1996, when you were in command of a squad of ten fighters. As shown in the evidence, LTTE fighters committed the war crime of the murder of POWs in the aftermath of the Mullaitivu battle. It is considered that you would have known about the abuses committed by the LTTE and may have been directly involved. Your membership of the LTTE, an organisation which was responsible for widespread and systematic War Crimes against Humanity whilst you were a member, and, in particular, your involvement in battles during which war crimes took place, means that the Secretary of State is not satisfied that you are a person of ‘good character’ for the purposes of theBritish Nationality Act 1981 . Furthermore, on your application form you indicated that you had no involvement in war crimes, crimes against humanity or acts of terrorism. You also indicated that you had not supported any organisations involved in the aforementioned acts. However, the available evidence shows that the LTTE was responsible for war crimes, crimes against humanity and acts of terrorism between 1990 and 1996 i.e. whilst you were a member of the LTTE. In particular the evidence shows that the LTTE was responsible for the assassination of Rajiv Gandhi in 1991. It is not credible that you would not have been aware of the assassination of Rajiv Gandhi or of the convictions of LTTE members for this crime. As such, it is considered that you must have been aware of the LTTE’s role in acts of terrorism. Your failure to supply this information on your naturalisation application form means that the Secretary of State is not satisfied that you are a person of ‘good character’ for the purposes of theBritish Nationality Act 1981 . Bearing in mind your activities in Colombo it is likely you provided intelligence that was used by TOSIS to plan attacks on civilians. Overall you made a substantial, voluntary contribution to the LTTE and would have been aware of the crimes and abuses committed by the group. I am therefore refusing your application for nationality on the grounds of character.”
“If, on an application for naturalisation as a British citizen made by a person of full age and capacity, the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule 1 for naturalisation as such a citizen under this subsection, he may, if he thinks fit, grant to him a certificate of naturalisation as such a citizen.”
“Naturalisation is at the discretion of the Home Secretary. Under s. 6of theBritish Nationality Act 1981 , he may grant a certificate of naturalisation to a person of full age and capacity if he is satisfied that person meets the requirements set out in Schedule 1to the Act. He can refuse to grant a certificate to a person who meets these requirements, but he cannot grant a certificate to a person who does not meet them.”
“In considering the exercise of discretion it is important to look at the case as a whole. We need to be sure, before we agree to waive a requirement, that applicants are of good character and have genuinely thrown in their lot with this country. The points which need to be considered are set out in the Annexes to this Chapter.”
“5.1. Applicants should be refused if their activities cast serious doubts on their character. Serious doubts will be cast if applicants have been involved in or associated with war crimes, crimes against humanity or genocide. For further guidance on how to deal with applications where an applicant has declared involvement in these activities, see ‘war crimes, crimes against humanity and genocide’ in volume 2 section 1 - W.”
“Where an applicant has declared involvement in terrorist activity the file should be immediately forwarded to Group G, NSCT.”
“25. First, it seems to me that on a fair reading of the policy guidance … as a whole, ‘associated’ with war crimes denotes something that engages personal responsibility for their commission. Not much may be required in the present context; furnishing material help or financial funds, knowing or believing that such help or funds will or will be likely to promote the commission of war crimes might well be sufficient. But in my view it is highly doubtful whether knowledge as such engages personal responsibility in the way put forward in the policy guidance. Perhaps if that guidance had made clear in explicit terms that knowledge would be sufficient, and had explained precisely how knowledge would justify a finding of bad character, or at least the absence of good character, the result would have been different, but it did not do so. Rather, on the contrary it strongly indicated that more was required to engage personal responsibility. 26. Secondly, although I accept [counsel for the Secretary of State’s] submission that the exercise under Article 1F and the test for good character are different, there is in the present context - the commission of war crimes - a relatively firm connection between them. It leads to greater coherence, transparency, clarity and ultimately fairness if the concept of involvement in the commission of war crimes is reasonably aligned, even if not identical, in both contexts, or, if not so aligned, the basis for the difference is explained and justified, as I have already set out.”
“[32] As a matter of principle, it cannot be right for the Home Secretary to be able to circumvent the decision of the IAT by administrative decision. If she could do so, the statutory appeal system would be undermined; indeed, in a case such as the present, the decision of the Immigration Judge on the application of the Refugee Convention would be made irrelevant. That would be inconsistent with the statutory scheme.”
“Put simply, I would hold an accused disqualified under article 1F if there are serious reasons for considering him voluntarily to have contributed in a significant way to the organisation's ability to pursue its purpose of committing war crimes, aware that his assistance will in fact further that purpose.”
“46. None of the claimants face cancellation of refugee status or deportation but denial of British nationality on the grounds of terrorist sympathies or associations renders them vulnerable to immigration action by way of restriction, revocation and cancellation of their refugee and settled status in the UK. Given the reasons indicated I do not regard those risks as being merely theoretical. It further has a present adverse impact on their ability to travel abroad free from fear or arrest, detention or exclusion. 47. Many of the claimants have been recognised as refugees. This is a recognition that they cannot avail themselves of their country of nationality, and have to avail themselves of the surrogate protection of the country of refuge. If they do not acquire another nationality they are de facto stateless. There is an obligation under the Refugee Convention for the state of refuge to facilitate assimilation and the grant of its nationality. Article 34 of the Geneva Convention Relating to the Status of Refugees provides: ‘The Contracting States shall as far as possible facilitate the assimilation and naturalization of refugees. They shall in particular make every effort to expedite naturalization proceedings and to reduce as far as possible the charges and costs of such proceedings.’ 48. The present policy of HM Government seems to be that in the absence of exceptional circumstances, stateless refugees with UK issued travel documents cannot seek diplomatic assistance from the UK Government. It would only be British nationality that would afford them a link to citizenship of the EU and ability to call on assistance from other member states as such. … 49. Given the impact on reputation, personal security, and statelessness I accept that in principle a refusal of an application for citizenship on the grounds relied on in these cases may have an impact on the private life of the applicant. Although the defendant has not sought to publicise the decisions in the press and the anonymity orders made by the courts were designed to prevent public opprobrium of an applicant's character from resulting from a failure to satisfy the defendant that the threshold for citizenship is met, those who are aware that a claimant has failed to achieve British citizenship of extremist association could well face ostracism, and difficulties in employment, business and related social relations.”