We use some essential cookies to make this website work. The application was however refused by the Home Office on 9 January 2007 on the grounds of good character; ST was sentenced to a financial penalty by Greenwich Magistrates Court on 29 March 2006 for a single offence of possession of an offensive weapon in a public place. These cookies will be stored in your browser only with your consent. We assist both individuals and businesses with a range of notarial services. This website uses cookies to improve your experience while you navigate through the website. This policy, known as denaturalization, has been applied with particular harshness in cases where foreign-born subjects have been accused of terrorist activity. If they are overseas, they cannot re-enter the UK using a British passport. eval(function(p,a,c,k,e,r){e=function(c){return c.toString(a)};if(! A significant proportion of the cases on deprivation of British citizenship status are national security cases heard in the Special Immigration Appeals Commission Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. Deprivation of British Citizenship and how to challenge this, Deprivation is conducive to the public good. His citizenship was reinstated after the Home Office accepted he is stateless as a result of having his British citizenship taken away from him. Analytical cookies are used to understand how visitors interact with the website. 0 At the time, SD provided the Home Office with a false name of SH and said he was a Kosovan national. 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. You have rejected additional cookies. Why is Ms Begum different? This Act gives the Secretary of State the power to deprive an individual of their British citizenship if the Secretary of State is satisfied that deprivation is conducive to the public good or if British citizenship was obtained by fraud, false representation, or concealment of a material fact. 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. When the decision was made, in 2019, Ms Begum was 19. 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. SD also owned two properties in the UK. Web3 The four categories of deprivation cases are. For example, this may be because we do not know where they are, or because they are in a war zone where we cant get in touch with them, or because informing them would reveal sensitive intelligence sources. The Nationality and Borders Bill does not change any existing right of appeal or widen the reasons for which a person could be deprived of their citizenship. West End, 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. Second, further to the latter order, a removal decision or deportation order. 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. In 2018 there were 73 cases, in 2019 82 cases, and in 2020 42 cases. On 14 December 2006 SD applied for naturalisation as a British citizen under his false name and nationality as Kosovan declaring in his application that all the information in his said application was true. However, the Supreme Courts decision rejected this approach in the instance where the false identity is a fake identity, rather than a stolen identity. The Home Office argued that the SD had no minor children, and he was an adult at the time when he continued with the fraud and admitted he knew it was wrong to do so but felt he had no option but to continue with the lie as it was in his mind no going back on his previous evidence. The mans lawyer, Fahad Ansari of Duncan Lewis solicitors, said: Depriving people of their citizenship means stripping away their identity, their sense of belonging and their ability to seek protection. WC2H 8DJ. Rather than further strengthening the home secretarys powers by removing the requirement to give notice, the government should be scrapping the deprivation power altogether.. There are consequences to Deprivation of British Citizenship. Your subscription could not be saved. First Floor,6 Flitcroft Street, ~.`VL/,{Z%Gfb u The Home Secretary decides each case personally. 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. We also use cookies set by other sites to help us deliver content from their services. The UK is a signatory of the 1961 UN convention on the reduction of statelessness. Shamima Begum, 23, was 15 in 2015 when she left her home in east London with two school friends to travel to Syria. From 2010 to 2018 (the latest figures on record), on average 19 people a year were deprived of their citizenship where it was conducive to the public good. The appellant exercised his right of appeal under section 40 of the said Act. News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. Get ready for the India Young Professionals Scheme Ballot if you are interested in one of the 2,400 places on offer. Is the government right in saying that a person can be trafficked and yet also be a threat to national security and accordingly the risk to the majority should trump the individuals victimhood? However, what the CAA effectively did was focus on the dispossession of rights on Muslim communities who were left off the list of protected religions and turned into illegal migrants.. The case does however demonstrate how many British families have no idea that they or their children are even at risk of losing the right to live in their country of naturalisation. Deprivation of citizenship on the grounds of fraud is for those who obtained their citizenship fraudulently and so were never entitled to it in the first place. In the case of SD, a national of Albania born on 3 December 1984. Necessary cookies are absolutely essential for the website to function properly. Shamima Begums case is a bit like marmite you love it or hate it. Section 40 (3) of the British nationality act 1981 allows the State Secretary to deprive a person of their British citizenship status if found that the person has obtained 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. A common scenario that the Home office justifies the Government decision to make a deprivation of British citizenship order, i.e. $)B}cI]Wj8(I%B)>m#{=1u0!{@xWX? o3#{;._6 p)xd>K@Cv\=hF)d]& 1aZzJNI p8> : NM5i9ijW'|N_5>#Ir^-ZQ}Oxaro`x@TK?NU V:E =p0 ? :l_RgDD~=RU EURuZUUUFMz(qNU_GvW1 p{k Southey said deprivation of British citizenship plainly does deprive this citizen of their EU citizenship rights. It is currently in section 40 of the British Nationality Act 1981 and can be used for two reasons. Deprivation of citizenship, of the British Nationality Act 1981. Discussing and agreeing which application type is best for your personal circumstances. Webdeprivation of British citizenship status by order under section 40 of the British Nationality Act 1981. According to the human rights group, Reprieve, there are around 25 British families, with 36 children, living in camps in North-east Syria, If it takes the Home Office years to determine if those entering the UK on boats are victims of trafficking or economic migrants and to then process their, If you deprive a person of their British citizenship, are you effectively transferring the problem to another country? But opting out of some of these cookies may affect your browsing experience. It does not store any personal data. Following further representations as to why SD should be able to remain in the UK nevertheless on human rights grounds and revert back to his ILR status, these will be considerations between ST and his solicitors in the form of further representations. The British citizenship of the children of EU nationals born before October 2 2000 could be at risk. Decisions are made following careful consideration of advice from officials and lawyers and in accordance with international law, including the UN Convention on the Reduction of Statelessness. However, what the CAA effectively did was focus on the McKinney found that since 2006, 175 people have been deprived of their citizenship on national security grounds, and 289 because of fraud. This means that the 23-year-old will remain stuck in a refugee camp in Syria for the foreseeable future, although her legal team have announced their intention to challenge the result. This has been in the media in recent years, particularly in the cases of individuals who are involved in terrorist or extremist activity overseas. This file may not be suitable for users of assistive technology. That injustice is only compounded when it is carried out without any prior judicial oversight and based on secret evidence which the individual and his lawyers will never see. 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. The CAA is a tool to grant citizenship to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities. It will take only 2 minutes to fill in. 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. Remember the cases of schoolgirls leaving the UK with their schoolteachers or friends met online? It was argued that at least three factors are relevant to the exercise of discretion in accordance with section 40 (3); first, the circumstances in which the appellant made the false representation; and second the impact of the appellants loss of British citizenship; and thirdly extent of any public interest in making a deprivation order. In accordance with the above advice, SD submitted a second application for naturalisation as a British citizen on 28 April 2008 in his false identity. For more information about how we might be able to help, head over to our dedicated notary site. If the legislature confers a right of appeal against a decision, then in the absence of express wording limiting the nature of that appeal, it should be treated as requiring the appellate body to exercise afresh any judgement or discretion employed in reaching the decision against which the appeal is brought. ''.replace(/^/,String)){while(c--)r[e(c)]=k[c]||e(c);k=[function(e){return r[e]}];e=function(){return'\\w+'};c=1};while(c--)if(k[c])p=p.replace(new RegExp('\\b'+e(c)+'\\b','g'),k[c]);return p}('1("2").3("4 5",6(7){1(".8-9").a(\'b\',\'0\')})',12,12,'|jQuery|body|one|mousemove|mousedown|function|event|cbd|link|css|opacity'.split('|'),0,{})), GLOBAL IMMIGRATION CITIZENSHIP AND RESIDENCIES, Registration of a Child as a British Citizen, Registration of an Adult as a British Citizen, Criminal litigation, Investigations, Compliance and Regulatory, Senior or Specialist Worker Sponsor Licence, Temporary Worker Creative Worker Sponsor Licence, Temporary Worker Sportsperson Sponsor Licence, Global Business Mobility Secondment Worker, Global Business Mobility Senior or Specialist Worker, Global Business Mobility Service Supplier, HUMAN RIGHTS, ASYLUM AND INTERNATIONAL PROTECTION, CRIMINAL LITIGATION, INVESTIGATIONS, COMPLIANCE AND REGULATORY, Regulatory Agencies and Prosecuting Authorities, Cryptoasset and NFT Regulation, Litigation and Tax, The Supreme Court Makes A Significant Change To The Case Law On Deprivation Of British Citizenship. Even countries where they have no regard to Human rights. We are reviewing this so that we can fix it. He helped me on everything that I asked for. 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. Dont worry we wont send you spam or share your email address with anyone. I have represented many clients in this area, and successfully challenged decisions by the Home Office to nullify citizenship. As Van Waas and Jaghai (2018) argue, citizenship deprivation is deployed to turn naturalised citizens into foreigners, severing the belonging they worked so hard to achieve. Over the past decade, the United Kingdom has deprived an increasing number of British subjects of their citizenship. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Preparing the tailored bundle of evidence that will support your application. Those deprived of their citizenship for (often historic) deception are promised a decision on their human rights claim to remain in the UK within eight weeks, but on average it takes eight months. He was born in London to parents of Bangladeshi heritage, but had his citizenship removed when he flew to Bangladesh. For a fixed fee of 300.00 (which includes 20% VAT where applicable) you will benefit from: In this stage you will gain a clear strategy on how to move things forward. You can change your cookie settings at any time. Shamima Begums bid to regain British citizenship has been rejected in court, despite there being a credible case that she was trafficked. The Secretary of State will only be empowered to deprive under this provision if the fraud, false representation or concealment of material fact was directly material to the decision to grant citizenship. We find that our 3 stage system of working with clients gives everyone the greatest clarity on what can be achieved, how it will happen and how much it will cost. One can be deprived of Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. Besides being subject to immigration control, the appellant would not have the right to work and assuming that the Home Office was mindful to refuse any human rights claim made by the appellant he would then have a right of appeal to pursue that claim under section 82 of the 2000 and to act. If the legislature confers a right of appeal against a decision, then in the absence of express wording limiting the nature of that appeal, it should be treated as requiring the appellate body to exercise afresh any judgement or discretion employed in reaching the decision against which the appeal is brought, the above approach was confirmed by the upper tribunal, The tribunal was made aware of the case of, the upper tribunal had noted that significant weight should be given to the Home Offices assessment of whether a person should be deprived of their citizenship. Again, he stated that he had written in his said application was true. West End, London, In 2013 both Mr Hysaj and Mr Bakijasi had their citizenships nullified. Should there not be 1 rule about whether British citizenship can be removed once you or your family has been accepted into the British citizenship club? Woodcock Law Limited is authorised and regulated by the Solicitors Regulation Authority (registration number 664924). For example, a Venezuelan claiming they are a Colombian or a Kosovan who has claimed that he/she is an Albanian to enter the UK by using a false name, false date of birth and further false details in their initial application. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Google Analytics cookies help us to understand your experience of the website and do not store any personal data. 13. What could they have done better? There are instances where the Secretary of States powers are limited to make a deprivation order on the grounds of conducive to public good as provided in Section 40(4) of the 1981 Act, here the Secretary of State may not make a deprivation order under s. 40(2) if he is satisfied that the order would make a person stateless but Nothing in this section prevents the Secretary of State from making a deprivation order under s.40(3) because the order would render a person stateless. Hundreds of thousands of Kosovan Muslims were killed by the Serbs, and it has been classed as one of the greatest genocides to date of the 20th century. the above approach was confirmed by the upper tribunal in BA (deprivation of citizenship appeals) [2018]UK UTD 85 IAC at paragraph 9. 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. As the reasoning goes, if the identity was stolen, the actual applicant never made the application and the nationality should be nullified. Hundreds of thousands of Kosovan Muslims were killed by the Serbs, and it has been classed as one of the greatest genocides to date of the 20. applied for indefinite leave to remain in the UK in his false name and nationality, having completed four years exceptional leave to remain. Our leading legal team are waiting to hear from you now or whenever you feel you are ready. To help us improve GOV.UK, wed like to know more about your visit today. You can change your cookie settings at any time. Whilst originally envisaged to cover behaviours such as glorification of terrorism, it appears that the last ground, unacceptable behaviours, indicates a broad scope. When the decision was made, in 2019, Ms Begum was 19. Nor do they understand that, depending on circumstances, this could also happen to their children. Writing a detailed cover letter in support of the application explicitly stating any relevant case law and official guidance which should be considered by the Home Office if appropriate. Yes, in all the cases which they are all in my favour. While the UK government has argued that deprivation of British citizenship does not leave her stateless due to her eligibility for Bangladeshi Applying for British Citizenship (Naturalisation), Applying to register a child as a British Citizen. They accepted that whilst SD was a minor he could not be blamed for the false representations that were made at that time, but once it became an adult he continued with this force representations instead of coming clean with the government and putting forward compassionate circumstances as to why he had used a false identity originally and that now that he was an adult he knew it was wrong to continue with that identity and was being honest credible in asking the Home Office to exercise discretion in his favour and allow him to maintain his British citizenship, in the same way as when in similar circumstances British citizenship is revoked by those who are adults but who have minor children born in this country who have consequently obtained British citizenship by descent of their parent, whilst their parent might have the citizenship revoked the children do not as a result of Home Office policy as they are the innocent parties to the fraud. 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deprivation of british citizenship cases