Chengetai has a busy practice and regularly appears in the First-tier Tribunal (“FTT”) and
Upper Tribunal of the Immigration and Asylum Chamber, County Court, Crown Court and
Magistrates’ Courts. Chengetai’s public law practice primarily involves judicial reviews of
immigration decisions, unlawful detention, nationality and long residence matters. He is
regularly instructed in urgent applications seeking injunctive relief against removal.
Chengetai’s immigration tribunal work consists of asylum, human rights, deportation,

detention, citizenship/nationality, work visas, student visas, family reunion, entry clearance
cases etc.
In this talk, Chengetai gives a critical update on the mechanics of British Citizen Applications
in the post-10 th February 2025 context. He outlines the new policy, which brings about
changes to guidance. These changes bring about a stricter approach to assessing good
character, targeting illegal entry and deception. This has implications for any application
made after 10 th February 2025, regardless of when entry occurred. This is contentious: as it
arguably punishes refugees and had a retrospective effect and has evoked challenges. The
Home Office has agreed to amend the policy to address Article 31 of the Refugee
Convention, the status of which remains in draft. Chengetai ends with a useful case study
and guidance for case workers.

Key Words/Topics
Section 6(1) of the British Nationality Act 1981
Acquisition by naturalisation
Good character requirement
R (Arunothayan) v The Secretary of State for the Home Department [2015] EWHC Admin
Electronic Travel Authorisation
“Dangerous Journey”
British Citizenship
Refugee Status
Illegal Entry
Deception and Dishonesty
Article 31 of the Refugee Convention
Judicial Review challenges
Irrationality / Wednesbury unreasonableness.
Breach of Articles 31 and 34 of the Refugee Convention
Breach Article 8 ECHR rights
Home Office Instructions/Guidance to Caseworkers