The Home Office conceded that SD had been granted exceptional leave to remain on the basis that he was a minor from Kosovo for whom there were inadequate reception arrangements in Kosovo. 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. 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. In this paper, I interrogate the English case law on citizenship deprivation and its effects on the migrant and diasporic communities most affected by it from a critical postcolonial perspective. 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. There are consequences to Deprivation of British Citizenship There are consequences for where citizenships are taken away from persons, such would include: Shamima Begums bid to regain British citizenship has been rejected in court, despite there being a credible case that she was trafficked. 628 0 obj <>stream If you use assistive technology (such as a screen reader) and need a nationalarchives.gov.uk/doc/open-government-licence/version/3, national security including espionage and acts of terrorism, unacceptable behaviour such as the glorification of terrorism. In the case of SD, a national of Albania born on 3 December 1984. I explore how it forms part of state responses to national security that are rooted in racist imperialist ideologies. While the UK government has argued that deprivation of British citizenship does not leave her stateless due to her eligibility for Bangladeshi However, there was no link between the deception and the grant of naturalisation in that case. 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. In the same period on average 17 people a year were deprived of citizenship on the ground of fraud. Whilst originally envisaged to cover behaviours such as glorification of terrorism, it appears that the last ground, unacceptable behaviours, indicates a broad scope. 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. Taking away a persons citizenship on discretionary 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. She had provisional citizenship As such, it is wrong in principle. You also have the option to opt-out of these cookies. Before we take on a case we always want to establish what the right kind of application is for you and this is what the Assessment Stage is all about. These cookies will be stored in your browser only with your consent. Mr Justice Lane, President, Mr C M G Ockelton, Vice Whilst both properties are subject to an existing mortgage, one of them is subject to a buy to let agreement. 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. This cookie is set by GDPR Cookie Consent plugin. Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. 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. WC2H 8DJ. What were the circumstances that caused you to look for a Legal adviser? 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. One can be deprived of In Pirzada (Deprivation of citizenship general principles Afghanistan) [2017] UK UTD 196 (IAC) 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. 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. Please choose an optionGoogle SearchBing SearchGoogle AdvertLaw Society WebsitePersonal/Friend RecommendationProfessional RecommendationSocial MediaThomson LocalYellow Pages/Yell.comCan't Remember. The power of citizenship deprivation is in section 40 of the British Nationality Act 1981. The Home Office stated that a deprivation order would be made within four weeks of the appellant becoming appeal rights exhausted in relation to the decision to make a deprivation order, and at that stage, he would fall under the immigration rules once more. Removing someones British citizenship, also known as deprivation of citizenship, is used against those who obtained citizenship by fraud and against the most dangerous people, such as terrorists, extremists and serious organised criminals. First Floor,6 Flitcroft Street, Woodcock Law Limited is authorised and regulated by the Solicitors Regulation Authority (registration number 664924). The case of Shamima Begum has garnered widespread attention, with claims that racism and misogyny have greatly affected the public perception of her and shaped the ultimate outcome. 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. That is hard in practice as, by their very nature, teens do not listen to their parents. Shamima Begums case is a bit like marmite you love it or hate it. As the reasoning goes, if the identity was stolen, the actual applicant never made the application and the nationality should be nullified. Citizenship can be removed through an order made by the secretary of state this is most often the Home Secretary. Why is Ms Begum different? Nor do they understand that, depending on circumstances, this could also happen to their children. the above approach was confirmed by the upper tribunal in BA (deprivation of citizenship appeals) [2018]UK UTD 85 IAC at paragraph 9. 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 Between 2006 and 2010 there were nine cases, according to freedom of information data. When the decision was made, in 2019, Ms Begum was 19. Please fill in the form and well get back to you as soon as we can. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Concealment of material fact means operative concealment, i.e. 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. ~.`VL/,{Z%Gfb u Why does the immigration history of a teens parents affect whether the teen can lose their British citizenship? What is Deprivation of British Citizenship? He entered the UK on 14 January 2001 as an unaccompanied asylum-seeking child and claimed asylum as a Kosovan the following day, aged 16. If you are thinking about applying for British citizenship it is important to understand the law on the deprivation of British citizenship and whether it could affect you or your family - even if the possibility of losing British citizenship is remote. Having an experienced and specialist Immigration Lawyer advising you. It is unlawful and irrational for the Defendant to deny access to a British passport on the basis of the institution of deprivation proceedings. 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 We also use cookies set by other sites to help us deliver content from their services. Webto deprive a person of their British citizenship. 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. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. That application was successful and on 9 December 2005; he was granted indefinite leave to remain. Gulbenkian Andonian Solicitors The technology to maintain this privacy management relies on cookie identifiers. United Kingdom, Pricing|Privacy Policy| Client Interest Policy | Terms & Conditions, Equality & Policy|Complaints|Anti-Bribery, 2022 Gulbenkian AndonianSolicitors. If you need help or have an issue with your nationality, contact us. Deprivation of citizenship, of the British Nationality Act 1981. Price - 1,500.00 (inc 20% VAT where applicable). 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. 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. 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. In the event that he loses his right to work, he did not have sufficient savings to sustain himself. Therefore, they would have held their nationality up to the moment they were deprived from it. 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. 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. This website uses cookies to improve your experience while you navigate through the website. It is possible to instruct an immigration and visa legal representative to appeal a Deprivation or Nullity of British citizenship claim. 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. In the meantime, those affected are effectively rendered unauthorised migrants with no right to work. 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. There have been numerous high-profile cases of British-born individuals who have been deprived of their citizenship. Although a small number of cases attract a lot of media publicity, many of the recent decisions taken involve clients who have no criminal record such as Albanian nationals who obtained refugee status and citizenship on the basis of an asylum claim based on Kosovan identity. Deprivation of citizenship You can change your cookie settings at any time. The person would have to relocate to countries they have not often been before. His citizenship was reinstated after the Home Office accepted he is stateless as a result of having his British citizenship taken away from him. In some cases may even be targets of raids, detention without trials and even assassinations. Cancelling citizenship is not to be confused with cancelling passports. The crucial review of all documents and evidence you have gathered in support of your application. We use Sendinblue as our marketing platform. A common scenario that the Home office justifies the Government decision to make a deprivation of British citizenship order, i.e. It will take only 2 minutes to fill in. SLc/+ *{'m4IGu4FM'QtdY"65 '6Dxsv"e?q'-w{{r ^FzGTae%{;yu q=;UI]X*KVHiq0Q"8[qGHq4MLmB7ByA!RZ*f9tw7bJ2I!HAK. 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. 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. Few people arriving to live in the UK on a family visa or work visa and who proceed to make the UK their home by applying for indefinite leave to remain, and then securing British citizenship, understand that their British citizenship could be revoked. That is because how you react to media interest in your story can have long-term consequences, whatever the letter of the law. 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 Click here for a full list of Google Analytics cookies used on this site. False representation requires dishonesty on the applicants part and therefore an innocent mistake would not give rise to the power to deprive. Where statelessness is not in issue, it is likely to be one in a rare case that the EC HR or some very compelling feature will require the tribunal to allow the appeal. For formal advice on the current law please dont hesitate to contact Gherson. Shamima Begum, 23, was 15 in 2015 when she left her home in east London with two school friends to travel to Syria. 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. You have rejected additional cookies. 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. 0 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. Clicking the Accept All button means you are accepting analytics and third-party cookies (check the full list). That application was refused again on good character grounds on 31 July 2008 following a change in the Home Office policy. 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. Subject to any further representations at that stage in regard to which SD would receive a further decision to either grant leave to remain or remove the appellant from the UK within 8 weeks of the deprivation order being made. News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. 655829, OTB Legal Ltd Trading as OTB Legal- Company number 11737759, Registered address: Creative House, Chase Park, Daleside Rd, Nottingham NG2 4GT - Copyright 2022 OTB Legal Ltd, Mark Lilley-Tams - Director and Solicitor. Necessary cookies are absolutely essential for the website to function properly. 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.. According to the guidance, these would constitute: Fraud is considered to encompass both above. West End, London, 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. We are reviewing this so that we can fix it. some statistics on british citizenship deprivation According to information published in (PDF) Citizenship in times of terror: citizenship deprivation in the UK (researchgate.net) ,'in 2002 the UK government confirmed that 'the deprivation power had been used rarely at that moment, the last case of deprivation had taken place in 1973.' Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. The government does not routinely publish the total number of people it strips of British citizenship. The Kosovo war lasted from 5 March 1998 to 11 June 1999. Even countries where they have no regard to Human rights. Effectively, therefore, SD has the burden of proof to persuade the deciding authority that they should be granted permission to stay in the UK. 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. After SD obtained his British nationality and successfully applied for a British passport, there came a time when he felt uncomfortable with his false name of SH and therefore applied to the passport office changes the name back to his real name of SD. News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. hbbd``b`$Z#WHOd We would explain their appeal rights when they make contact with us. It does not store any personal data. UK Online and London-Based Immigration and British Citizenship Solicitors. Your subscription could not be saved. Our leading legal team are waiting to hear from you now or whenever you feel you are ready. Our lawyers will work with you to maximise your prospects of success. The application of SD for asylum was refused by the Home Office on 30 July 2001 as SD could not satisfy the Home Office that he had a well-founded fear of persecution in Kosovo. In 2013 both Mr Hysaj and Mr Bakijasi had their citizenships nullified. Webduly acquired British citizenship by naturalisation; as a consequence, he lost his Iraqi citizenship by operation of law. What does the Nationality and Borders Bill do in relation to deprivation of citizenship? WebOn 27 December 2019, the Government decided to deprive D4 of British citizenship, on the basis that this would be conducive to the public good. 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. She was a citizen of Bangladesh, but only in the most technical sense. I agree to receive your newsletters and accept the data privacy statement. This cookie is set by GDPR Cookie Consent plugin. The course adopted by the Secretary of State's decision-making process in these cases therefore contemplates two further stages. 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. 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. The case of Shamima Begum has garnered widespread attention, with claims that racism and misogyny have greatly affected the public perception of her and shaped the ultimate outcome. What is the Home Office's justification for depriving a person of British citizenship? The Nationality, Immigration and Asylum Act passed in 2002 enabled the government to strip someone of their British citizenship provided they had another nationality. One of the questions that goes to the heart of the current case is the meaning of satisfied given the speed of the decision made by the then Home Secretary, Savid Javid. There are consequences for where citizenships are taken away from persons, such would include: In Citizenship deprivation process the burden of proof is placed on the Respondent and the standard of proof is by Operation of law, which indicates that a right or liability has been created for a party, irrespective of the intent of that party, because it is dictated by existing legal principles. 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. It also explains in which circumstances a registration or naturalisation may be a nullity. Please try again. 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. Citizenship deprivation only happens after very careful consideration of the facts and in accordance with international law. Click here to speak to us today Message us Request a call back Your 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. Gherson LLP is the trading name for Gherson Solicitors LLP. 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. The deception in the above case was to mislead the authorities about age on arrival in the UK. You can learn more detailed information in our Privacy Policy. On top of that they refused my wife's visa. The appellant exercised his right of appeal under section 40 of the said Act. 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. 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 An individual in the UK who has been deprived of their British citizenship no longer has any UK immigration status - they might be granted permission to stay or steps can be taken to remove them from the UK. SD also owned two properties in the UK. On 28 April 2011 SD submitted a further application for naturalisation in his false identity. He was told he was an Islamist extremist who had previously sought to travel abroad to participate in terrorism-related activity. If you have any questions about the changes or want legal advice, contactWoodcock Law & Notary Public today. 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. Section 40 of the British Nationality Act 1981 gives the Secretary of State the power to deprive an individual of their British citizenship on two instances where the Secretary of State (SoS) is satisfied that: Deprivation Conducive to public good (Section 40(2)). SD admitted on appeal that he knew he was not telling the truth on the applications he made as an adult but did not want to rock the boat. Authorised and regulated by the Solicitors Regulation Authority with SRA number 644661. This website uses cookies to improve your experience while you navigate through the website. Call 0203 959 9123 orcontact us online. Webdeprivation of British citizenship status by order under section 40 of the British Nationality Act 1981. Your first chat with us will always be free, confidential and give you a clear idea of the application types which suit you best. 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. 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. Rather than further strengthening the home secretarys powers by removing the requirement to give notice, the government should be scrapping the deprivation power altogether.. Prior to 2006 the power had not been used since 1973. Well send you a link to a feedback form. In 2018 there were 73 cases, in 2019 82 cases, and in 2020 42 cases. 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