Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. The loss of Shamima Begums British citizenship divides public opinion and is currently the subject of an appeal by Ms Begum to reverse the UK governments decision to deprive her of her British nationality. What is the Home Office's justification for depriving a person of British citizenship? These would be in cases where the person has: (i) been naturalised (i.e. In 2004 Mr Hysaj was granted citizenship after an application where he provided the same details as for his previous applications his real name, but his wrong place of birth, date of birth and nationality. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. Removing British citizenship has been possible for over a century, and is used against those who have acquired citizenship by fraud, and against the most dangerous people, such as terrorists, extremists and serious organised criminals., Waiting is mental torture: how Hostile exposes the human cost of Britains immigration policies, Original reporting and incisive analysis, direct from the Guardian every morning. As the court indicated in the case of BA above, it is only in very rare cases that a human rights article 8 claim could be successful or that some other very compelling feature would enable the tribunal to allow the appeal. To help us improve GOV.UK, wed like to know more about your visit today. He was told he was an Islamist extremist who had previously sought to travel abroad to participate in terrorism-related activity. 1. He, therefore, had lawful stay in the UK. An appeal would lay in any refusal under section 82(i) of the Nationality Immigration and Asylum Act 2002 which will then be a purely human rights appeal where the Tribunal shall have a wide discretion within the parameters of decided case law as to how the article 8 claim should be interpreted. 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. 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. 6 Flitcroft Street, While the UK government has argued that deprivation of British citizenship does not leave her stateless due to her eligibility for Bangladeshi The British citizenship of the children of EU nationals born before October 2 2000 could be at risk. London, WC2H 8DJ 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 has been in the media in recent years, particularly in the cases of individuals who are involved in terrorist or extremist activity overseas. 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. For advice on British citizenship and immigration lawcall the expert London immigration lawyers atOTS Solicitors on 0203 959 9123 orcontact us online. This policy, known as denaturalization, has been applied with particular harshness in cases where foreign-born subjects have been accused of terrorist activity. The Home Secretary decides each case personally. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. There, she married an ISIS fighter and had three children, none of whom survived. This file may not be suitable for users of assistive technology. 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 The first case The Application Stage is all about guiding you successfully through the application process with minimal fuss. 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. False representation requires dishonesty on the applicants part and therefore an innocent mistake would not give rise to the power to deprive. - Cartwright King Solicitors Here to help. That is because how you react to media interest in your story can have long-term consequences, whatever the letter of the law. The Home Office did not accept that argument. You can change your cookie settings at any time. As this was the case with Mr Hysaj and Mr Bakijasi, such an approach would provide them with a right of appeal and would not affect the nationality held by their children. 616 0 obj <> endobj WebRemoving someones British citizenship, also known as deprivation of citizenship, is used against those who obtained citizenship by fraud and against the most dangerous 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. That is hard in practice as, by their very nature, teens do not listen to their parents. SDs solicitors argued that the intention to deprive was unlawful because under section 40 (3) of the 1981 Act: , The tribunal was invited to find that the use of fraud was not material to SDs acquisition of British 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. SD told the Home Office that he was only a child at that time when he had claimed asylum, and had received advice from those in the refugee community when he first came to this country who told him to say he was from Kosovo and had been persecuted in the war in Kosovo as had his family and he had fled for his life. The person would have to relocate to countries they have not often been before. Whilst originally envisaged to cover behaviours such as glorification of terrorism, it appears that the last ground, unacceptable behaviours, indicates a broad scope. 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 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. Why is Ms Begum different? 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. Was the fraud material to the grant of citizenship? $)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 Deprivation of British Citizenship and how to challenge this, Deprivation is conducive to the public good. For these reasons the tribunal was invited to find the discretion afforded by section 140 (3) should be exercised in the appellants favour and that he be permitted to retain his 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. Advice on, and assistance with, completion of the complex online application form. Why does the immigration history of a teens parents affect whether the teen can lose their British citizenship? 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. 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. In this instance, the children of Mr Hysaj and Mr Bakijasi would have had their British citizenships nullified as well. Circumstances surrounding the use of force representation; Could article 8 of the ECHR based on family/private life had been argued? 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. At the time, SD provided the Home Office with a false name of SH and said he was a Kosovan national. 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 case is interesting, thought-provoking and concerning in equal measure. 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. Concealment of material fact means operative concealment, i.e. The cookie is used to store the user consent for the cookies in the category "Other. What is Deprivation of British Citizenship? Removal action may occur in those territories when deprivation of citizenship has been directed. 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. After an investigation by the Home Office and upon further enquiries a conclusion had been reached that SD had misled the Home Office into believing that he was a Kosovan whereas, in fact, he was Albanian. Take advantage of this free legal advice from the UK's leading immigration lawyers: Price - 300.00 (inc 20% VAT where applicable). The case highlights the human cost of this power that the Home Office hopes to further strengthen in its controversial nationality and borders bill, which will no longer require notice to be given before taking away someones British citizenship. 13. In the case of SD, a national of Albania born on 3 December 1984. This cookie is set by GDPR Cookie Consent plugin. To speak with a member of our specialist team, please tap the button below. UK Online and London-Based Immigration and British Citizenship Solicitors. Webdeprivation of British citizenship status by order under section 40 of the British Nationality Act 1981. The CAA is a tool to grant citizenship to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities. 55.1.2 Part 2 explains in which circumstances a registration or We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. She was a citizen of Bangladesh, but only in the most technical sense. We find out more about you and what you want to achieve. But opting out of some of these cookies may affect your browsing experience. WebThis article places the court cases on cancellation of British citizenship in the context of the wider socio-political debates on citizenship. Request an accessible format. 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. Applying for British Citizenship (Naturalisation), Applying to register a child as a British Citizen. From my point of view they were better than expected. Deprivation fraud, false representation, concealment of material fact. 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. The above approach was endorsed by the Court of Appeal in Aziz and others the Secretary of State for the Home Department 2018 EW CA C IV 1884, whereby sales LJ held that 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. His certificate of naturalisation as a British passport was issued under his incorrect identity of SH, a Kosovan. the concealment had a direct bearing to the decision to register or naturalise. 638110. 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. 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. 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. 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. Deprivation of citizenship entails the loss of the right of abode in the UK, alongside many associated and consequential rights, duties, and opportunities. There would be an outpouring of condemnation if those children were said to be the culprits and the authors of their own misfortune in being lured and encouraged to leave the UK. Although the appellant was just 20 years of age at the time of his application for indefinite leave to remain and in the light of paragraph Chapter 55 of the Home office nationality instructions, he may be regarded as complicit in the concealment of a material fact, the SD it was alleged was still very young and failed to fully appreciate the significance of his actions. The Law Society Accredited - Immigration & Asylum, SME News Legal Awards 2020 - Immigration & Family Law Firm of the year - London, Your choice regarding cookies on this site, Section 40 of the British Nationality Act 1981. The law governing citizenship deprivation marks out naturalisation and dual nationality potential to confirm that these others will never achieve full membership. Necessary cookies are absolutely essential for the website to function properly. WebThe Court firstly observed that a loss of a citizenship already acquired or born into, as in the applicants case, could have the same (and possibly a bigger) impact on a persons private and family life as a person claiming the right to acquire citizenship or complaining about the denial of recognition of such citizenship. Passport was issued under his incorrect identity of SH and said he was a citizen of Bangladesh but. 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