Home Office Threatening to Deport Stateless Man in Windrush Case

By: Alice Williams

Client threatened with deportation

We are currently helping a man who is under threat of deportation from the Home Office. Originally from Nigeria, he has built a life in the UK, which included him marrying and having three children.

The client’s application is currently pending, and is being classed as a Windrush case.

The case

Our client’s mother was a Nigerian national who brought him to the UK when he was a child.

After bringing him to the UK, the man’s mother returned to Nigeria so he was left with his aunt in the UK.

He was able to obtain a birth certificate from the UK authorities, after which he applied for a British passport.

When he went to renew his passport, it was revoked on the basis that the birth certificate was “fraudulent”.

This kind of treatment has been happening more frequently to children of the Windrush generation – which is the name for those who arrived in the UK between 1948 and 1971 – since the change in UK immigration rules in 2012.

The local authorities carried out further checks when our client’s passport was revoked, and he was detained and imprisoned.

Our client stated that the Home Office had mixed him up with someone with the same name which was why they detained him in the first place.

He was later released from immigration detention, and submitted an application for further leave to remain in the UK on the basis of his family life.

Unfortunately, despite our client confirming that he is not the person they have mistaken him for, the Home Office are desperately trying to find evidence to confirm that he is lying about his identity.

This case has been going on for months, and they still have found nothing to prove that our client is lying.

Interesting aspects of the case

  • The man is considered stateless, because he has had his British passport taken away and cannot confirm whether he ever had a Nigerian passport
  • He has provided the Home Office with a letter from the Nigerian Embassy which confirms that he isn’t registered as Nigerian
  • Because of these two facts, the Home Office cannot deport him, because they are not allowed to deport a person who is stateless

As we mentioned above, this case is ongoing. We will update this post accordingly as it develops.

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