![]() Hiri had received a “£100 fine and five penalty points” for driving “81mph in a 50mph roadworks zone on the M1 at 1.30AM”. Maybe the Treasury Solicitor should advise the Home office a bit more stringently against being adamant in respect of cases of this nature.Immigration solicitors, Duncan Lewis, have been granted permission to Judicial Review the Home Office’s policy which led to Botswana “Sapper” in the British Army being refused citizenship over speeding offence despite “exemplary record” in the army.ĭuncan Lewis Immigration Solicitors have been granted permission for Judicial Review of the home office policy that meant that Poloko Hiri, a Sapper in the British army, would not be entitled to citizenship for a speeding offence which “showed signs” of “bad character”.īotswana national Hiri had his application for UK Citizenship rejected by the UK Border Agency in 2012 due to a single speeding offence. But for the Home Office to bracket a single speeding offence with terrorists, murderers etc is unfair. ![]() It is perfectly fine for the government to rid the country of undesirable characters and no reasonable person would have any reservations on that. ![]() I still feel like an absolute idiot even though my speeding was more of an honest misjudgment of circumstances that anything else. It should have never seen a day in court. If Poloko was good enough to carry a weapon for this country, then surely he is good enough to be a citizen."Īfter the judgment, Hiri said: "I am just glad this is over. Wing Commander Hugh Milroy, chief executive officer of Veterans Aid, which campaigned on Hiri's behalf, told the court: "Poloko served without any blemish whatsoever. The home secretary should have seen sense long ago instead of fighting this case." "It is a shame this had to go all the way to the high court. Hiri's solicitor, Toufique Hossain, said his client had served this country, and had shown good character in every other way apart from one speeding offence. She added: "There has to be a comprehensive assessment of each applicant's character, as an individual, which involves an exercise in judgment, not just ticking boxes on a form." The judge ruled that the home secretary was "entitled to adopt a policy on the way in which criminal convictions will normally be considered by her caseworkers, but it should not be applied mechanistically and inflexibly". ![]() Hiri had repeatedly made clear he took full responsibility for the offence, and accepted it had to be taken into account, but asked for that conviction to be weighed in the balance against all of the evidence he had provided for an assessment of his character, the court heard. The judge held that the home secretary "must consider all aspects of the applicant's character" where "the statutory test is not whether applicants have previous criminal convictions – it is much wider in scope than that". No references were sought from his employer, or his personal referees, and there was no interview with the claimant." "This was not an adequate assessment of the claimant's character, as required by law. The judge, Mrs Justice Lang, said that the decision in May 2012 by a UK Border Agency official indicated that the assessment of Hiri's character was based entirely upon the fact that Hiri had an unspent conviction there was no reference to any other aspect of his character and background. He sought a judicial review of the decision by the home secretary. He gave 12 months' notice to leave the army in 2011 to study for a degree in architectural technology at London South Bank University. Hiri, who has an 18-month-old daughter in Britain with his former girlfriend, served as a military draughtsman with 21 Engineer Regiment. The Home Office refused his application, citing the speeding offence. His commanding officer, Major Chloe Plimmer, described Hiri as an intelligent, motivated and hard-working soldier with an exemplary record of conduct, who "had his character put to the test … where his peers have had to depend on him in austere and challenging environments". He applied for naturalisation in the UK in February 2012, the high court heard. He said he feared prosecution and lengthy imprisonment in Botswana under the foreign enlistment act, which makes it a criminal offence to act in the military service of another country. He was driving on the M1 near Swinford, Leicestershire, at 1.21am after leaving Ripon barracks, North Yorkshire, to begin Easter leave. Hiri was convicted after being filmed on a traffic camera in 2011 travelling at 81mph in an area where there was a temporary 50mph speed limit.
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