Summary
A 28-year-old engineer with dual U.S. and United Kingdom citizenship was denied a security clearance under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The denial stemmed primarily from his continued possession of a United Kingdom passport and his unwillingness to renounce his UK citizenship. The judge determined that the foreign passport created an absolute bar to eligibility, and no mitigating factors were established.
The Statement of Reasons detailed several concerns. Under Guideline C, the applicant maintained dual citizenship and possessed a UK passport expiring in March 2009. He also held $2,000 in shares and a $1,000 account in a UK bank. His educational background included a Master's Degree in Engineering from a UK university, attended from October 1994 to June 1998. Additionally, from August 1998 to July 1999, he was employed by a university in Country A, an arrangement organized by a UK organization similar to the Peace Corps. The applicant stated he was unwilling to relinquish his UK passport or citizenship due to potential future plans to live and work in the UK.
Under Guideline B, the applicant's mother and brother are both UK citizens residing in the United Kingdom, with his brother also holding dual U.S. and UK citizenship. The denial was based on the applicant's possession of a UK passport, deemed incompatible with holding a security clearance, and his lack of intent to renounce his UK citizenship. No mitigating factors were found to offset these disqualifying conditions.
Why the Applicant Was Denied
- Applicant possesses a United Kingdom passport, which is incompatible with holding a security clearance.
- Applicant has not expressed intent to renounce his United Kingdom citizenship.
- No mitigating factors were established to counter the disqualifying conditions.
Conditions Referenced
- C1raisedExercise of Dual Citizenship
- C2raisedPossession And/or Use of a Foreign Passport
- B1raisedImmediate Family Member Is a Citizen of a Foreign Country
- B8raisedSubstantial Financial Interest in a Foreign Country
Key Rule Quoted
“An applicant's admission of the information in specific allegations relieves the Government of having to prove those allegations.”
Procedural Posture
- SOR issuedSep 30, 2002
- Answer filedOct 29, 2002Applicant elected for a decision on the written record.
- Hearing held—No hearing; decision made on the written record.
- Decision dateApr 2, 2003
Cite For
- Incompatibility of Foreign Passport with Security Clearance Eligibility
- Disqualifying Conditions Under Guideline B and C
- Lack of Mitigating Factors in Dual Citizenship Cases