The High Court is set to hear a major legal challenge to the Home Office’s updated “good character” policy used when assessing applications for British citizenship. A full judicial review has been granted and will take place over three days from 9 to 11 June 2026 before the Divisional Court, which handles cases of significant public importance. A written judgment is expected several months after the hearing concludes.
The case has been brought by Wilson Solicitors on behalf of four lead claimants, all of whom are recognised refugees who already hold indefinite leave to remain in the UK. Other similar cases have been paused until the outcome of the lead claims is decided. The Court has also extended time limits for some applicants to challenge citizenship refusals or the policy itself, allowing them to bring claims within three months after the lead cases are resolved.
The legal challenge centres on changes made in February 2025 to the Home Office’s “Good character: caseworker guidance.” The revised policy states that individuals who entered the UK illegally will normally have their British citizenship applications refused, regardless of how long ago the entry took place. Previously, historic immigration breaches could sometimes be overlooked once a person had been granted indefinite leave to remain and had shown good character since then.
Lawyers argue that the updated guidance fails to properly account for the legal protections available to refugees. Earlier correspondence suggested the Home Office might amend the policy to clarify the position of individuals who could rely on defences under section 31 of the Immigration and Asylum Act 1999. However, government lawyers later indicated there was no clear timetable for issuing revised guidance or confirming whether changes would be made.
The judicial review claims that the policy is unlawful on several grounds. It is argued that the guidance misdirects decision-makers about the law, including how provisions of the Refugee Convention should be applied. The challenge also states that the policy does not require sufficient consideration of applicants’ rights to private and family life under the European Convention on Human Rights. Additional arguments include claims that the policy is discriminatory and inconsistent with the purpose of citizenship legislation.
The government denies these allegations. Its defence maintains that caseworkers retain discretion to assess good character on an individual basis and argues that refusal of citizenship does not amount to a penalty under the Refugee Convention.
Some individuals affected by the policy have already succeeded in challenging refusals. In one widely reported case, a refugee from the Democratic Republic of the Congo secured British citizenship after successfully contesting a refusal made under the revised guidance, in what was believed to be one of the first successful challenges under the updated policy.
How LawSentis can help
LawSentis is a UK-regulated immigration and relocation firm providing expert advice on British citizenship, good character requirements, and complex immigration matters. Our team closely monitors legal developments and policy changes, supporting clients with strategic guidance, application preparation, and legal pathways to citizenship in an evolving immigration landscape.