IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE IMMIGRATION APPEAL TRIBUNAL
B e f o r e :
LORD JUSTICE TUCKEY
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|SECRETARY OF STATE FOR THE HOME DEPARTMENT|
Smith Bernal Reporting Limited, 190 Fleet Street,
London EC4A 2AG
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"On the basis of the evidence before us we do not consider that she has discharged that burden. We find she is not stateless and is entitled to Eritrean citizenship. The position might have been somewhat different if she had attended the Embassy in London and applied for citizenship and been refused, the reasons for refusal having been given to her by the Embassy."
"1.A person who was born in Eritrea with an Eritrean father WOULD BE ELIGIBLE for Eritrean nationality.
2.The political views of 3 witnesses are NOT RELEVANT to establishing the nationality of the applicant.
3. The political views of the applicant for nationality are NOT RELEVANT to establishing eligibility for nationality and obtaining an Eritrean passport.
4. The voting in the 1993 Referendum is NOT A NECESSARY PRECONDITION to establishing nationality.
5.Paying a 2% tax on nationals overseas is NOT A PRECONDITION to establishing eligibility for Eritrean nationality and obtaining a passport.
6. Claiming refugee status overseas DOES NOT PRECLUDE ELIGIBILITY for Eritrean nationality or obtaining an Eritrean passport.
7.All application forms are filled in person by the applicant at the Embassy's consular section. No application forms out of the standard provided by the Embassy are accepted."