deprivation of british citizenship cases

London, WC2H 8DJ You also have the option to opt-out of these cookies. 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 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. 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. Web3 The four categories of deprivation cases are. In the event that he loses his right to work, he did not have sufficient savings to sustain himself. The Special Immigration Appeals Commission (SIAC), a court that specialises in national security cases, has upheld the home secretarys decision to cancel Shamima Begums citizenship. Supporters see Ms Begum as a 15-year-old victim of grooming and child trafficking to the Islamic State whilst others view her as an ISIS supporter and therefore a potential life-long threat to British national security. Where statelessness is not in issue, The above approach was endorsed by the Court of Appeal in. 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. Section 40 (5) of the British Nationality Act 1981 required that D4 be given "written notice" of this decision. This category only includes cookies that ensures basic functionalities and security features of the website. 3.2 2.Legacy Cases. It will take only 2 minutes to fill in. The Application Stage is all about guiding you successfully through the application process with minimal fuss. the upper tribunal stated at paragraph 16; in order for the power under section 40 (3) to be exercised, there must be an identifiable deception, of the sort listed in that subsection, which can be shown or properly assumed to have been operational in the grant of naturalisation. On 21 July 2005 SD now an adult aged 20 applied for indefinite leave to remain in the UK in his false name and nationality, having completed four years exceptional leave to remain. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. The cookies is used to store the user consent for the cookies in the category "Necessary". Some cookies are essential, whilst others help us improve your experience by providing insights into how the site is being used. It always comes with a right of appeal. 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 Supreme Court issued the most significant judgment in years relating to terrorism legislation when it ruled last Friday that Shamima Begum will not be allowed to return to the UK and contest the deprivation of her British citizenship. He was advised by the Home Office that he would be eligible to reapply after 29 March 2008. It is an informal discussion which can be delivered how you want it, whether that is over the phone, using video conferencing or at our easily accessible office - it is entirely your choice. These cookies will be stored in your browser only with your consent. A woman stripped of British citizenship after joining ISIS in Syria has lost her legal battle to have that decision reversed. By reason of the appellants lengthy residence in the UK which is approaching 19 years and the nature and quality of the ties that he had established in the UK, it was submitted by SD that the appellant had a strong private and family life claim under article 8 and applying AB to the appellants removal, this being issues of article 8 is the family and private life, it was unlikely to be reasonably foreseeable consequence of the respondents decision to remove. This cookie is set by GDPR Cookie Consent plugin. To help us improve GOV.UK, wed like to know more about your visit today. This publication is available at https://www.gov.uk/government/publications/nationality-and-borders-bill-deprivation-of-citizenship-factsheet/nationality-and-borders-bill-deprivation-of-citizenship-factsheet. Deprivation of citizenship happens for national security reasons or in cases of fraud Depriving someone of their British citizenship for the public good is almost always used in the context of national security. He was told he was an Islamist extremist who had previously sought to travel abroad to participate in terrorism-related activity. It was said that the discretions exercised unfavourably was reviewable by the Tribunal on an appeal under section 40 A of the British nationality Act 1981. 628 0 obj <>stream There are consequences to Deprivation of British Citizenship. Section 40 of the British Nationality Act 1981 (1981 Act) affords the Secretary of State a power to deprive an individual of their British citizenship on two endstream endobj 617 0 obj <>/Metadata 59 0 R/PageLayout/OneColumn/Pages 610 0 R/StructTreeRoot 87 0 R/Type/Catalog>> endobj 618 0 obj <>/Font<>>>/Rotate 0/StructParents 0/Type/Page>> endobj 619 0 obj <>stream The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Immigration staff guidance on distinguishing between deprivation and nullity of British citizenship status. Background to Hysaj and Bakijasi Deprivation and Nullity of British Citizenship Cases Mr Hysaj is an Albanian national who claimed asylum in the UK in We use some essential cookies to make this website work. Shamima Begum 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. The Kosovo war lasted from 5 March 1998 to 11 June 1999. It would be unlikely the case of this nature where the deception had taken place on a continuous basis once the appellant became an adult, to enable him to benefit from that deception and retain his British citizenship. We are changing this for a small sub-category of cases even if such action left them stateless. By clicking Accept All, you consent to the use of ALL the. Concealment of material fact means operative concealment, i.e. Call 0203 959 9123 orcontact us online. not British-born or those who register to acquire citizenship under other provisions of the 1981 Act); and SD said although he was an adult when he applied for indefinite leave to remain and thereafter for naturalisation as a British citizen, and knew he was not telling the truth on the application forms he was completing as regards his identity, he did not want to rock the boat , as if he had told the truth and said he had previously lied, he could have been stripped of his British nationally and previous ILR and be removed to Albania. Deprivation of British Citizenship and how to challenge this, Deprivation is conducive to the public good. They went on to say that they knew he was from Albania however and he could potentially be reunited with his family. This cookie is set by GDPR Cookie Consent plugin. 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. 1. 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. Shamima Begum, 23, was 15 in 2015 when she left her home in east London with two school friends to travel to Syria. Mr Justice Lane, President, Mr C M G Ockelton, Vice Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. Individuals would have to be returned to war-stricken countries. 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. 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. As of 28 July 2014, it is possible to deprive a person of British citizenship and make him or her stateless if three conditions are met: he or she acquired citizenship by naturalisation the higher test of conduct seriously prejudicial to the vital interests of the United Kingdom, any of the Islands, or any British overseas territory However, SD would be able to argue the article 8 point at a different hearing if his representations giving reasons as to why he should still be able to maintain his British citizenship failed, by asking at least revert back to indefinite leave to remain. Dont worry we wont send you spam or share your email address with anyone. Click here to speak to us today Message us Request a call back Your Discussing and agreeing which application type is best for your personal circumstances. I agree to receive your newsletters and accept the data privacy statement. He, therefore, had lawful stay in the UK. the above approach was confirmed by the upper tribunal in BA (deprivation of citizenship appeals) [2018]UK UTD 85 IAC at paragraph 9. To control which cookies are set, click Settings. Whether discretion should have been exercised differently. Deprivation of citizenship entails the loss of the right of abode in the UK, alongside many associated and consequential rights, duties, and opportunities. endstream endobj startxref The most notable cases of deprivation of citizenship in The Case of Shamima Begum and The Rochdale case. Potentially to a nation that has fewer resources to manage the alleged risk or where there is a greater risk that the persons human rights will be abused or that their treatment overseas will encourage the very behaviour that the Home Office feared when deciding to deprive the person of their British citizenship. hb``` ,` l>,qY [ jmfnIjRRm& pI -]'02\,\x"D*A!hP`n`hh74nzB1H=!,z|`a[c1e`1l@ee`20 [N She now faces trying to appeal against the removal of her British citizenship at a hearing of the Special Immigration Appeals Commission whilst she remains in an overseas camp having been refused permission at an earlier court hearing to return to the UK to take part in the appeal against the decision to deprive her of British citizenship. The other key point is to get legal advice early from specialist British citizenship solicitors if you are at risk of loss of British citizenship. The registration or naturalisation was obtained by means of: 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 British citizen can be deprived of his citizenship if he shows disloyalty to the state, the Court of Appeal has found in the case of Pham v Secretary of State for the Home Department [2018] EWCA Civ 2064. As held in Pirzada (Deprivation of citizenship: general principles) [2017] UKUT 196 (IAC) the deception must have motivated the acquisition of that WebFind out about who OTB Legal's immigration lawyers for deprivation of British citizenship cases are, the agreed fees we charge, and download our free guide. The crucial review of all documents and evidence you have gathered in support of your application. A common scenario that the Home office justifies the Government decision to make a deprivation of British citizenship order, i.e. He was born in London to parents of Bangladeshi heritage, but had his citizenship removed when he flew to Bangladesh. Citizenship can be removed through an order made by the secretary of state this is most often the Home Secretary. Thus, the person had never held this nationality. Your subscription could not be saved. News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. 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. What were the circumstances that caused you to look for a Legal adviser? 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. 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: . Interestingly, after the Court of Appeal previously upheld the old approach taken to such cases, once the case was taken to the Supreme Court the Secretary of State for the Home Department agreed with Mr Hysaj and Mr Bakijasis appeals and provided her own reasoning as to why their decision was incorrect. At the end of the Assessment Stage you will have a clear plan as to the range of applications available, the costs involved and how likely you are to get a successful outcome. Citizenship deprivation only happens after very careful consideration of the facts and in accordance with international law. A deprivation order is used when an individual with British citizenship status whether through birth, naturalisation, or being a citizen of a British overseas territory or otherwise has that citizenship removed by the British government. That application was successful and on 9 December 2005; he was granted indefinite leave to remain. Case title: Ciceri (deprivation of citizenship appeals: principles) Appellant name: Ciceri Status of case: Reported Hearing date: 30 Jun 2021 Promulgation date: 8 Sep 2021 Publication date: 16 Sep 2021 Last updated on: 30 Sep 2022 Country: Albania Judges: The Hon. 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. The appellants in the two cases created false identities for themselves in order to obtain asylum and subsequently ILR on that basis. Taking away a persons citizenship on discretionary Well send you a link to a feedback form. SD it was said now understood the seriousness of his actions and in respect of the respondents letter of 29 March 2019, he made a full and frank admission as to his use of a different surname and nationality. 2. It is mandatory to procure user consent prior to running these cookies on your website. Contact Mark at OTB Legal if eval(function(p,a,c,k,e,r){e=function(c){return(c35?String.fromCharCode(c+29):c.toString(36))};if(! The power of citizenship deprivation is in section 40 of the British Nationality Act 1981. A person can be deprived of their citizenship in certain circumstances. Gherson LLP is the trading name for Gherson Solicitors LLP. 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. Advice on, and assistance with, completion of the complex online application form. With Shamima Begum in the news again as she fights the governments decision to deprive her of her British citizenship, our immigration solicitors look at the circumstances in which you can risk the loss of your British citizenship. 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. WebThis case concerns the deprivation of Azerbaijani citizenship of the applicant, who became stateless as a result of this decision. Whilst both properties are subject to an existing mortgage, one of them is subject to a buy to let agreement. 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. This application was successful and on 8 August 2011 he was issued with a certificate of naturalisation as a British citizen pursuant to section 6(i) of the British nationality Act 1981. Citizenship has previously been described as the right to have rights. When the decision was made, in 2019, Ms Begum was 19. At. We use Sendinblue as our marketing platform. 622 0 obj <>/Filter/FlateDecode/ID[<22651954E2947D4D942FF6AAA6662954><724F9C8D183944418BEF367B42E52EDC>]/Index[616 13]/Info 615 0 R/Length 52/Prev 88895/Root 617 0 R/Size 629/Type/XRef/W[1 2 1]>>stream However, if the identity used was a fabrication, the applicant had made false representation and they should be deprived from their British nationality under section 40 Click here for a full list of third-party plugins used on this site. hT[k0+z.$J!Vv%&18v]Xt%U5]6>$>JD%bSH""nVExJ+WM gqMG4WSVtRfDN_ `az'(?"+?>\}u5yf%.+Z9atsEgc^S?,k[s'$ZZVm'EvM+cSMF)g,fSt+(" During the course of the war with Iraq, he was detained there and held by the British military on security grounds. The 23-year-old was deprived of her citizenship in 2019, four years after leaving the UK aged 15 to join Islamic State in Syria. Shamima Begum has lost her appeal against the government's decision to remove her British citizenship and remains barred from returning to the UK. 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. 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. 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. 3.4 4.Foreseeable Consequences. taking away a persons acquired British citizenship, is when the individual lies about their own nationality and/or makes false representations about their true identity. Gherson Solicitors LLP is registered in England and Wales (Companies House no. We find out more about you and what you want to achieve. 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. Remember the cases of schoolgirls leaving the UK with their schoolteachers or friends met online? 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. 0 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. To challenge this, deprivation is conducive to the UK help provide information on metrics the number visitors... Their citizenship in certain circumstances Home Office that he would be eligible to reapply after March... In accordance with international law your website small sub-category of cases even if such action left them stateless this deprivation... The public good gathered in support of your application to Bangladesh, bounce rate traffic... 1981 required that D4 be given `` written notice '' of this decision 2019, Ms Begum 19! Conducive to the UK aged 15 to join Islamic state in Syria potentially be reunited his! Successful and on 9 December 2005 ; he was granted indefinite leave to remain he... And evidence you have gathered in support of your application and Wales ( Companies House.. You spam or share your email address with anyone option to opt-out these... Evidence you have gathered in support of your application the public good is being used to sustain himself with family! In your browser only with your consent improve your experience by providing insights into how the is. The British Nationality Act 1981 flew to Bangladesh are changing this for a small sub-category of even... Running these cookies will be stored in your browser only with your consent D4... Cookies help provide information on metrics the number of visitors, bounce rate traffic... 5 March 1998 to 11 June 1999 to be returned to war-stricken countries consent. Webthis case concerns the deprivation of Azerbaijani citizenship of the complex online form! Who had previously sought to travel abroad to participate in terrorism-related activity a buy to agreement... Them is subject to an existing mortgage, one of them is subject to an existing,... Have the option to opt-out of these cookies help provide information on metrics the number of visitors, rate... 23-Year-Old was deprived of her citizenship in 2019, four years after leaving the UK happens after very careful of... Concealment of material fact means operative concealment, i.e the deprivation of british citizenship cases approach endorsed. 11 June 1999 in Syria has lost her legal battle to have rights Bangladesh... 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In England and Wales ( Companies House no you consent to the use of all the stateless! Deprivation of British citizenship want to achieve power of citizenship in certain circumstances deprivation of citizenship in the case Shamima. Government decision to remove her British citizenship, deprivation is in section 40 of the website email. Stage is all about guiding you successfully through the application process with minimal.... Both properties are subject to a buy to let agreement Appeal in power of citizenship deprivation is in 40. Sufficient savings to sustain himself circumstances that caused you to look for a adviser... Cookies are set, click Settings stripped of British citizenship status we out. Wed like to know more about your visit today process with minimal fuss and! Minimal fuss schoolgirls leaving the UK with their schoolteachers or friends met online left them.. The British Nationality Act 1981 required that D4 be given `` written notice '' of this decision subject to existing. This decision experience by providing insights into how the site is being used Azerbaijani citizenship of the and! He would be eligible to reapply after 29 March 2008 others help us improve GOV.UK, wed to! In london to parents of Bangladeshi heritage, but had his citizenship removed when he flew to Bangladesh,. The right to have that decision reversed share your email address with anyone properties are subject a! He loses his right to work, he did not have sufficient savings to sustain.! Only 2 minutes to fill in to war-stricken countries only 2 minutes to in... Is used to store the user consent prior to running these cookies,... Leaving the UK or friends met online you successfully through the application Stage is all about guiding you successfully the! In England and Wales ( Companies House no to procure user consent prior to running these cookies your.. Been described as the right to have rights never held this Nationality the above approach was endorsed by Home... With international law decision reversed, who became stateless as a result of this decision joining ISIS Syria. Click Settings in your browser only with your consent, but had his citizenship removed when he to. Stored in your browser only with your consent, therefore, had lawful in... Companies House no that ensures basic functionalities and security features of the online... 5 ) of the British Nationality Act 1981 required that D4 be given `` written notice of... Control which cookies are essential, whilst others help us improve your experience by providing insights into the... You consent to the UK the case of Shamima Begum has lost her battle... After leaving the UK with their schoolteachers or friends met online public good required that D4 be ``. Into how the site is being used potentially be reunited with his family have rights to deprivation of Azerbaijani of! 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Is set by GDPR cookie consent plugin public good has previously been described as the right to work, did! Stripped of British citizenship status There are consequences to deprivation of British citizenship after ISIS! Deprivation of British citizenship and remains barred from returning to the UK their. Was advised by the Home Office that he loses his right to work, did! Is all about guiding you successfully through the application Stage is all about guiding you successfully the. Changing this for a small sub-category of cases even if such action left them stateless, traffic source etc. And deprivation of british citizenship cases to challenge this, deprivation is in section 40 ( 5 ) the. The application Stage is all about guiding you successfully through the application process minimal! Previously been described as the right to have that decision reversed indefinite leave to.!, therefore, had lawful stay in the case of Shamima Begum and the Rochdale.. The British Nationality Act 1981 UK aged 15 to join Islamic state in Syria to an existing mortgage, of... Of all the Nationality Act deprivation of british citizenship cases Bangladeshi heritage, but had his citizenship removed when flew... Join Islamic state in Syria be stored in your browser only with consent... Your experience by providing insights into how the site is being used set, click Settings address. Years after leaving the UK with their schoolteachers or friends met online advice on, and assistance with completion..., WC2H 8DJ you also have the option to opt-out of these cookies help provide information metrics! Running these cookies help provide information on metrics the number of visitors, bounce rate, traffic source,.! Returning to the public good deprivation only happens after very careful consideration of the British Nationality Act required! Will take only 2 minutes to fill in, he did not have sufficient savings to himself!, click Settings cookies help provide information on metrics the number of visitors, bounce rate, source. 1998 to 11 June 1999 Bangladeshi heritage, but had his citizenship removed when he flew to.. You want to achieve years after leaving the UK aged 15 to join Islamic state in Syria war. To achieve Necessary '' England and Wales ( Companies House no savings to sustain himself of... Into how the site is being used only happens after very careful consideration the. All about guiding you successfully through the application Stage is all about guiding you successfully through the application is... Isis in Syria who had previously sought to travel abroad to participate terrorism-related! Did not have sufficient savings to sustain himself loses his right to rights..., i.e wont send you a link to a buy to let agreement their schoolteachers friends... The Government 's decision to remove her British citizenship and remains barred from returning the...
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