Call 0203 959 9123 orcontact us online. There are consequences to Deprivation of British Citizenship. A power to deprive someone of British citizenship goes back to 1914 but in recent years the legal test about when it can be used has been watered down. But by 2017 numbers had peaked at 148 people who had their citizenship removed that year. He was born in London to parents of Bangladeshi heritage, but had his citizenship removed when he flew to Bangladesh. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. Britain has long been breaking ground in updating citizenship deprivation powers to the 21st century. However, he explained that he was sorry and that this happened because all of his Home Office papers had been issued in his assumed identity of SH and this was something that he continued to use. For the meaning of conducive to public good, the Secretary of States Nationality Guidance (the Guidance) on Deprivation and Nullity of British citizenship states as follows: 55.4.4 Conduciveness to the Public Good means depriving in the public interest on the grounds of involvement in terrorism, espionage, serious organised crime, war crimes or unacceptable behaviours. UK Visas and Immigration guidance for staff about the provision made for deprivation of British citizenship status by order under section 40 of the British Nationality Act 1981. These cookies ensure basic functionalities and security features of the website, anonymously. It is very difficult to challenge these decisions seeing that majority of deprivations occur when a person is aboard, and they struggle to get legal representation. We are reviewing this so that we can fix it. Preparing the tailored bundle of evidence that will support your application. You also have the option to opt-out of these cookies. What is the Home Office's justification for depriving a person of British citizenship? By clicking Accept All, you consent to the use of ALL the. He did not want to rock the boat. We would explain their appeal rights when they make contact with us. Other teens have been persuaded to go abroad with older men and criminal proceedings have focussed on the adult and not the teenager who is seen as the victim. It always comes with a right of appeal. A power to deprive someone of British citizenship goes back to 1914 but in recent years the legal test about when it can be used has been watered down. At. the Home Office conclusion that SD had obtained citizenship by means of fraud was incorrect; further or alternatively the Home office (in effect the Government), ought to have exercised the discretion conferred by section 40 of the British nationality Act 1981 differently. Saying how often existing citizenship deprivation powers are used is the bare minimum of transparency that parliament and the public should expect.. Request an accessible format. Circumstances surrounding the use of force representation; Could article 8 of the ECHR based on family/private life had been argued? We also use third-party cookies that help us analyze and understand how you use this website. HWKoFW,"|*v. @uszENllM}OjV~uBJ*N1|oRQuRb.uvB/^`QIE4>*p#k*%yX0FWZj]@]"Eae2UB[P).g'1k}Y&!^4=[9;Hg,[swGTw/v]="i$??a:]IZZ&:,B:h3BW ,'F8 -@E&in2q^R00h0d:)OF!P@ nU)c:NKR}M9DYm4}(5?1D '%* T9TopeAADic'FQC/0M s@DrdRME2'6TZ\,D3&# N=9u?RFG`O']CovNAgkKmSumwYX){wX`)f0l6&(kLErSYP_XWI&LwvQ> | He deprived Ms Begum of her British citizenship shortly after her initial interviews with the British press with the suggestion that it was what was said in an interview given by Ms Begum that resulted in the deprivation decision rather than a thorough risk assessment and consideration of all the circumstances surrounding Ms Begum leaving the UK with 2 other school-girls. Read more about our accessible documents policy. The 1914 Act The Nationality, Immigration and Asylum Act passed in 2002 enabled the government to strip someone of their British citizenship provided they had another nationality. Thus, the person had never held this nationality. He was however granted exceptional leave to remain for a period of four years on the basis that he was an unaccompanied asylum-seeking child for whom there were inadequate reception arrangements in place in Kosovo. Why does the immigration history of a teens parents affect whether the teen can lose their British citizenship? Mr Justice Lane, President, Mr C M G Ockelton, Vice These would be in cases where the person has: (i) been naturalised (i.e. This cookie is set by GDPR Cookie Consent plugin. Currently, there are only two situations in which an individual can be deprived of his or her citizenship: (i) if a person has gained citizenship through fraud or false 638110. Why is Ms Begum different? One of the most well known cases is that of Shamima Begum, who was deprived of her citizenship after leaving the UK as a 15-year-old schoolgirl to join Islamic State, and lost her battle to have it restored in February 2021. Deprivation of citizenship, of the British Nationality Act 1981. He was told he was an Islamist extremist who had previously sought to travel abroad to participate in terrorism-related activity. One can be deprived of Through we will always try to tell an individual that they are to be deprived of British citizenship, it might not be possible in exceptional circumstances. whilst regard should be had to the reasonable foreseeable consequences of deprivation of citizenship, it is unnecessary for the first tribunal to conduct a proleptic analysis of whether the individual concerned would likely be deported or removed at a later stage. In any event you will be armed with expert legal advice. This cookie is set by GDPR Cookie Consent plugin. Mr Bakijasi was granted citizenship after an application where he provided a false name, false date of birth, a false nationality and a false place of birth. We use cookies to optimise site functionality and give you the best possible experience. British citizenship solicitors say that 1 of the key points to take from Ms Begums appeal case is to understand the law on deprivation of British citizenship if you are a British citizen by naturalisation and to ensure your children understand the consequences of loss of British citizenship. Deprivation of Citizenship appeals are complex legal proceedings and it is important to get the best legal advice to assist you with your legal challenge. I agree to receive your newsletters and accept the data privacy statement. We also use cookies set by other sites to help us deliver content from their services. Argument was put forward as to the impact on the effect of SD as to the loss of his citizenship included losing his right to work; not being able to drive or open a bank account; difficulties in renting a property in the UK; and he would effectively be in a state of limbo awaiting a decision from the Home Office as to whether he will be removed from the UK. Depriving a person of British citizenship without notice is arbitrary not only because it offends the common law (see the case of Anufrijeva above) but also because it violates international legal standards. Section 40 (3) of the British nationality Act 1981 states as follows, the Secretary of State may by order deprive a person of a citizenship status which results from his registration of naturalisation if satisfied that the registration/ naturalisation was obtained by means of: , The above provision makes it clear that there must be a link between the making of the false representation and the subsequent grant of naturalisation. Representation all the way to the decision on your immigration application and advice on any further steps that are needed. Your subscription could not be saved. WebDeprivation and nullity of British citizenship PDF, 87.3 KB, 22 pages This file may not be suitable for users of assistive technology. The appellant exercised his right of appeal under section 40 of the said Act. eval(function(p,a,c,k,e,r){e=function(c){return(c35?String.fromCharCode(c+29):c.toString(36))};if(! That application was refused again on good character grounds on 31 July 2008 following a change in the Home Office policy. In the case of SD, a national of Albania born on 3 December 1984. Through Mark and Paragon Law I exceeded all my cases. The above provision makes it clear that there must be a link between the making of the false representation and the subsequent grant of naturalisation. The technology to maintain this privacy management relies on cookie identifiers. The Home Office did not accept that argument. In Deliallisi (British citizen; deprivation appeal; scope) [2013] UK UTD 439 IAC, the upper tribunal stated at paragraph 31: the correct approach is, we find, precisely the opposite of that taken by the first-tier tribunal in the present appeal. First Floor,6 Flitcroft Street, endstream endobj startxref Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson. The previous case law provided that where an applicant has made an application on the basis of a false identity, the citizenship should be nullified. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. Hundreds of people have been stripped of their British citizenship in the last 15 years, according to research, including one man who was stateless for almost five years. It is vital, including to our national security, that we ensure that just because we cannot immediately tell a person they are to be deprived of British citizenship, it doesnt make the decision any less valid or prevent the deprivation order being made. CJ McKinney, of Free Movement, said the lack of figures from the Home Office was frustrating: This is an extremely serious punishment that amounts to being banished from the UK in many cases. Web3 The four categories of deprivation cases are. eval(function(p,a,c,k,e,r){e=function(c){return c.toString(a)};if(! Contact Mark at OTB Legal if you would like to see how he can assist you with your own challenge of a decision to deprive you of citizenship. In one case revealed by the Observer this week, a 40-year-old man, referred to only as E3, was stripped of his British citizenship in 2017. There is no obligation to purchase any services from us but we will give you an idea as to costs and your chances of getting a successful case outcome if you decide you want to make an application. HomeAbout UsOur ServicesVisa LibraryResourcesCareersBook a ConsultationContact, Level 37One Canada SquareCanary WharfLondonE14 5AA. Removal action may occur in those territories when deprivation of citizenship has been directed. A common scenario that the Home office justifies the Government decision to make a deprivation of British citizenship order, i.e. There have been numerous high-profile cases of British-born individuals who have been deprived of their citizenship. The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. What does the Nationality and Borders Bill do in relation to deprivation of citizenship? 3.2 2.Legacy Cases. You also have the option to opt-out of these cookies. Webdeprivation of British citizenship status by order under section 40 of the British Nationality Act 1981. The deprivation of citizenship UK legislation was changed by the Nationality, Immigration and Asylum Act 2002. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk. Ask our team ofImmigration Lawyers London, How to Extend Your Representative of an Overseas Business Visa, How To Ace Your Innovator Visa Application, How to Apply for a UK Medical Visa - Expert Advice. His certificate of naturalisation as a British passport was issued under his incorrect identity of SH, a Kosovan. If you have not been able to obtain certain key evidence, we will advise you on other ways of proving that you meet the requirements of the immigration rules. In this instance, the children of Mr Hysaj and Mr Bakijasi would have had their British citizenships nullified as well. The Secretary of `state may decide not to disclose where there are national security issues, relationships between UK and another country to be protected or any reason in the interest of the public. not British-born or those who register to acquire citizenship under other provisions of the 1981 Act); and I have represented many clients in this area, and successfully challenged decisions by the Home Office to nullify citizenship. Revoking citizenship is a highly controversial strategy that the government has pursued against In some cases may even be targets of raids, detention without trials and even assassinations. When the decision was made, in 2019, Ms Begum was 19. Could You be at Risk of Losing Your British Citizenship? The Supreme Court ruled on 21 December 2017 in the cases of R (Hysaj and others) v Secretary of State for the Home Department and Bakijasi v Secretary of State for the Home Department that if a person made misrepresentations during an application for British citizenship they can be deprived of their citizenship under sections 40 and 40A of the British Nationality Act 1981, instead of having it nullified. Citizenship can be removed through an order made by the secretary of state this is most often the Home Secretary. The course adopted by the Secretary of State's decision-making process in these cases therefore contemplates two further stages. Whether discretion should have been exercised differently. If you want to take the first step towards getting an outstanding legal service then use the booking form below to schedule an appointment via our online booking system. This website uses cookies to improve your experience. 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