House of Lords written question – answered on 16th October 2012.

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Photo of Lord Avebury Lord Avebury Liberal Democrat

To ask Her Majesty's Government whether, following the determination of the Immigration and Asylum First-tier Tribunal in Chee Mun, Seah (Appeal No LA/18249/2012), they will grant British Overseas Citizens who hold no other nationality but have renounced their former citizenship of Malaysia discretionary leave to remain where they produce clear evidence of non-returnability to Malaysia in accordance with paragraph 9.1 of chapter 22, section 2 of the Immigration Directorates Instructions.

Photo of Lord Taylor of Holbeach Lord Taylor of Holbeach The Parliamentary Under-Secretary of State for the Home Department

It is not Government policy to grant discretionary leave purely on the basis of nationality. It remains open to Malaysian British Overseas Citizens to make an application for leave to remain under the existing immigration categories including on exceptional grounds, which will be considered on a case-by-case basis.

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