feedback@gov.uk details of complaints handling about HMPO's rejection of first adult passport

HM Passport Office did not have the information requested.

Dear HM Passport Office,

Thank you.

My application number: 4519789065 (Ref: F-131000308788)

I lodged a complaint with HMPO Passport enquiries after my first British adult passport was rejected by HMPO.
In email,HMPO said:
“Subject to the exceptions listed below, the following lost British subject status under the provisions of the First Schedule of the Burma Independence Act 1947:

a) Persons who were born, or whose fathers or paternal grandfathers were born, in Burma or on a ship registered in Burma.

b) Women who were aliens at birth and had become British subjects by reason only of marriage to persons in the category (a) above (under Section 10 BNSAA 1914).

The principal exceptions to loss of British subject status under Section 2 of the First Schedule of the Burma Independence Act 1947 were:

a) Persons who were born in the Crown’s dominions outside Burma, in a protectorate, protected state, mandated territory or trust territory or in any place where the Crown was exercising jurisdiction over British subjects.

b) Persons whose father or paternal grandfather had at some time been a British subject and was born in a place which, at the time of the birth, was in the Crown’s dominions outside Burma, in a protectorate, protected state, mandated territory or trust territory or in any place where the Crown was exercising jurisdiction over British subjects.

c) Persons who had been granted or whose father or paternal grandfather had been granted an ‘Imperial’ certificate of naturalisation and persons whose father or paternal grandfather had been granted a ‘local’ certificate of naturalisation in Burma or elsewhere.

From the information available your father was born in Burma 1933 and on the date of Burmese independence, 4 January 1948, lost his British Subject status and became a citizen of Burma.

Furthermore, from the information you have provided, your father does not appear fall into any of the categories for exception to loss of British Subject status.

Therefore, your father appears to have been a British Subject by birth but lost this status when Burma went independent on 4th January 1948. ”

1.In my case, I think HMPO made a mistake, they overlooked a key point.
Key point: my father was the someone excepted from Loss, although he was born in Burma in 1933, but since my grandfather was a naturalized British subject in Burma and born in China (ETJ COUNTRY) , my father retain his British subject status after 4 Jan 1948 Burma Independence.

My father's situation is exactly in line with the retain British Subject situation, such as b) in the email, or 1947 Burmese Independence Document(Schedule 2 (1)):
a.The principal exceptions to loss of British subject status under Section 2 of the First Schedule of the Burma Independence Act 1947 were: b) Persons whose father or paternal grandfather had at some time been a British subject and was born in a place which, at the time of the birth, was in the Crown’s dominions outside Burma, in a protectorate, protected state, mandated territory or trust territory or in any place where the Crown was exercising jurisdiction over British subjects.
b.1947 Burmese Independence Document(Schedule 2 (1) of The Burmese Independence Act of 1947 States:
2 (1) "A person shall be deemed to be excepted from the operation of sub-paragraph (a) of paragraph 1 of this Schedule if he or his father or his paternal grandfather was born outside Burma in a place which, at the time Of the birth ":
2 (1) (b) "was a place where, by treaty, capitulation, grant, usage, sufferance or other lawful means, His Majesty had jurisdiction over British subjects")

Based on this, my father retained his status as a British subject on January 4, 1948 Burma Independence. Under the British Nationality Act (BNSAA1914 BNA1948 BNA1981), as long as my father did not renunciation of citizenship of U.K, he always had British nationality, no matter what kind of British nationality it is.(BNSAA1914:British Subject BNA1948:CUKC BNA1981:BC BOC BTDC BNO BPP BS)

With HMPO Passport enquiries's help, the HMPO liverpool office accepted my complaint on March 3 2022 and forwarded it to [email address] for processing.After wasting two months, [email address] finally replied to the email. In the letter, [email address] did not see any mistakes, and the reply email continued to repeat the statement of the previous email.(131000319485 - Huang.PDF 12052022)

According to a reply email to [email address] on 12 May, "You have already received several responses at Step 2 of our complaints process and there is no additional guidance I am able to provide you with, in connection with your complaint. In mail,[email address] said,"Please note that any further correspondence received from you will be added to your complaint file, but you will not receive a response.The Parliamentary and Health Service Ombudsman (PHSO) advises: in fairness to other complainants unless you have a new point, we will now regard this correspondence as closed."

2.Wrong on [email address] email on 4 August 2021(Z Huang F-131000308788 S2 RG.PDF )

Take a look at the unprofessional on [email address] email on 4 August 2021(Z Huang F-131000308788 S2 RG.PDF), in email said:"
I understand your parents naturalised in British Burma and believe the documents sent in support of your passport application to be proof of British nationality.

You asked for re-consideration of the decision to fail the request on the grounds of no claim.

As requested, I reviewed your passport application. As your father was born in Burma, he automatically became a citizen of that country when it became independent on 4 January 1948. This includes people who were naturalised in a country outside the UK.

To be considered as a British citizen, any naturalisation certificate must be produced by the Home Office in London.

Therefore, the documents supplied could not be considered for the purpose of establishing British nationality. Your passport application was subsequently withdrawn, and the fee retained in line with our policies and procedures."

"As your father was born in Burma, he automatically became a citizen of that country when it became independent on 4 January 1948.This includes people who were naturalised in a country outside the UK. "

Above can prove my grandfather and my father retains the status of a British subject status after Burma Independence in 1948,because my grandfather was a naturalized British subject and born in China (ETJ COUNTRY) by BNSAA1914.So the view"As your father was born in Burma, he automatically became a citizen of that country when it became independent on 4 January 1948." is wrong.My father retain British Subject in 4,Jan 1948.And after January 1, 1949, from British Subject became CUKC under BNA1948 12(2). After January 1, 1983 became British Citizen under BNA1981 .

"This includes people who were naturalised in a country outside the UK. "This view is also wrong. The 1947 Burma independence document did not have this content, on the contrary,c)Persons who had been granted or whose father or paternal grandfather had been granted an 'Imperial' certificate of naturalisation and persons whose father or paternal grandfather had been granted a 'local' certificate of naturalisation in Burma or elsewhere.This includes people who were naturalised in Burma retained biritish subject status.

"To be considered as a British citizen, any naturalisation certificate must be produced by the Home Office in London.Therefore, the documents supplied could not be considered for the purpose of establishing British nationality. "This view is also wrong.Under BNA1981, including BC BOTC BOC BS BNO BPP so many kinds are British nationality, British citizen is only one of them, (BNSAA1914:British Subject BNA1948:CUKC BNA1981:BC BOC BTDC BNO BPP BS) These are British nationalities at different times, and does not require the certificate of naturalization to be issued from London.

Kindly treat this under Freedom of Information act 2000:

1. [email address] rejects the details of the case and the legal basis, why is the key point ignored (although my father was born in Burma, because my grandfather was a naturalized British subject born in China (ETJ COUNTRY), my father retained British Subject status after Burma Independence. )

2.Please inform clearly.According to [email address] email, [email address] is no longer responding at Step 2. Is my case still being processed? In the Step 2 or Step 3? So how do I make a complaint to [email address] at Step 2,or how do I escalate to Step 3.

3. Request a replacement of the senior examiner or a higher institution to handle my case.(need to upgrade to step 3?) The reason is due to the unprofessional and irresponsible behaviour of the [email address] reviewers.

PS:
1.extra-territorialjurisdiction.pdf
1.2 There were also many foreign states and territories in which such jurisdiction was
exercised but which were not under British protection, e.g.:
Albania
Algeria
Bulgaria
China
1.5 Under the British Nationality Act 1948, the relevance was that a child, born after
the commencement of the Act, whose father was a CUKC by descent, will
nevertheless have become a CUKC if the child or the father was born in a foreign
territory in which the Crown exercised extra-territorial jurisdiction over British subjects
(s.5(1)(a)).
https://assets.publishing.service.gov.uk...
2.These have got a confirmation of [email address]' reply email.
"I understand your parents naturalised in British Burma and believe the documents sent in support of your passport application to be proof of British nationality. "By parents here I mean my grandparents.(Z Huang F-131000308788 S2 RG 4 August 2021)

Yours faithfully,

Colin Wong

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