High Court refuses judicial review of the decision to refuse a Sudanese national a certificate of naturalisation, on the grounds that he had failed to establish that the Minister for Justice acted arbitrarily, capriciously or in an autocratic fashion.
Judicial review – asylum and immigration – substantive judgment – Sudanese national challenging the decision of the Minister for Justice to refuse her a certificate of naturalisation – refused asylum – appeal remitted to the Refugee Appeals Tribunal following High Court proceedings – married a refugee – granted right of residence on foot of his status - withdrew her asylum application – applied for naturalisation – UK authorities stated that she had applied for a visa – denied making such an application – absences from the State – travel to Sudan - passport lost – obtained on foot of inaccurate information – character - argued that the refusal of asylum and the travel to Sudan twice thereafter could not go to character - argued that the Minister did not take and balance in a proportionate fashion matters going to her credit - Minister was for looking for an exalted standard which was legally impermissible - complaints made against her were historical in nature and suggested that as the they do not involve any criminality - the Minister is entitled to make a finding of a lack of veracity where an applicant puts information before the Minister that is likely to have been incorrect as a matter of probability - onus is on the applicant to show that the Minister was arbitrary capricious or autocratic - the highlighting by the Minister in the instant case of the conflict between the asylum application and the return to Sudan a mere eleven months following the withdrawal of the asylum application, which by definition must have asserted a claim of persecution if returned to Sudan, is reasonable and rational and the decision is factually correct – reasons afforded were factually correct and sustainable – Minister afforded absolute discretion - proportionality is quintessentially a matter for the Minister - no evidence that the Minister acted arbitrarily, capriciously or in an autocratic fashion – judicial review refused -