HC Deb 31 October 1994 vol 248 cc949-50W
Mr. Madden

To ask the Secretary of State for the Home Department when Mr. Ali Al Fayed applied for British citizenship; (1) when he was interviewed by a police officer; when a decision was taken on his application; who took the final decision; what was the final decision; and if he will make a statement;

(2) when Mr. Mohamed Al Fayed applied for British citizenship; when he was interviewed by a police officer; when a decision was taken on his application; who took the final decision; what was the final decision; and if he will make a statement.

Mr. Nicholas Baker

Mr. Ali Al Fayed submitted his application on 29 January 1993 and Mr. Mohamed Al Fayed on 15 February 1994. I do not propose to comment further on the detailed processing of their applications.

Mr. Madden

To ask the Secretary of State for the Home Department what formal or informal representations have been made to him or his ministerial colleagues, or any of his or their predecessors by hon. Members in respect of the applications for citizenship of Mr. Mohamed Al Fayed or Mr. Ali Al Fayed.

Mr. Nicholas Baker

We have received representations from two right hon. or hon. Members about these applications. It is not our practice to disclose details about private communications.

Mr. Madden

To ask the Secretary of State for the Home Department what are the main requirements for a person to satisfy currently before British citizenship is granted; what is the average waiting times between an application being accepted, interview by a detective police officer and a decision being taken to grant or refuse an application; and how many applications are currently awaiting decision.

Mr. Nicholas Baker

The requirements for naturalisation as a British citizen are set out in schedule 1 46 to the British Nationality Act 1981. For those applying on the basis of their residence in the United Kingdom they are that they were in the United Kingdom at the beginning of the period of five years ending with the date of the application; that they have not been absent for more than 450 days in this five year period, and for no more than 90 days in the last 12 months; that they have not been in breach of the immigration laws during the five years and have been free of any restriction under those laws on the period they might remain in the United Kingdom for 12 months; that they are of good character; that they have a sufficient knowledge of the English, Welsh or Scottish Gaelic language; and that they intend to make their principal home in the United Kingdom. For those applying on the basis of their marriage to a British citizen the qualifying period is three years with no more than 270 days absences in that period, and no more than 90 days in the final 12 months. Such applicants are required not to have been in breach of the immigration laws during the three-year period and to be free of any restriction under those laws on the period they might remain in the United Kingdom; and to be of good character.

At the end of September 1994, the average waiting time for a certificate of naturalisation was 13.6 months. Not all applicants are interviewed by a police officer so it is not possible to give average interval times in the form requested.

As of 21 October 1994, there were 42,119 applications for British citizenship outstanding of which 33,424 were applications for naturalisation.

Mr. Madden

To ask the Secretary of State for the Home Department in what circumstances applications for British citizenship are referred to him or Ministers for final decision; and how many such applications have been referred to Ministers in each of the last five years and in the current year to date.

Mr. Nicholas Baker

Applications are referred to Ministers where they are especially difficult or sensitive. The number of cases referred to Ministers is not separately recorded and could be obtained only at disproportionate cost.

Mr. Madden

To ask the Secretary of State for the Home Department if a person whose application for British citizenship is refused has a right to receive a full explanation of such refusal; if such a person has a right of appeal against refusal; and if application fees are refunded when applications are refused.

Mr. Nicholas Baker

Section 44(2) of the British Nationality Act 1981 provides that the Secretary of State shall not be required to assign any reason for the grant or refusal of any application under the Act the decision on which is at his discretion; and that his decision on any such application shall not be subject to appeal to, or review in, any court.

A small proportion of the fee is refunded when an application is refused.