deprivation of british citizenship cases

Specifically, the Home Secretary can make a deprivation of citizenship order in either of the following circumstances: 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. 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. 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. ''.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. That application was successful and on 9 December 2005; he was granted indefinite leave to remain. It is unlawful and irrational for the Defendant to deny access to a British passport on the basis of the institution of deprivation proceedings. 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+(" 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. 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. 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, of the British Nationality Act 1981. While the UK government has argued that deprivation of British citizenship does not leave her stateless due to her eligibility for Bangladeshi They went on to say that they knew he was from Albania however and he could potentially be reunited with his family. 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. However, there was no link between the deception and the grant of naturalisation in that case. Each case is assessed individually. 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. 0 Where the Secretary of State (SoS) is satisfied that the registration or naturalisation was obtained by means of: Fraud, False representation and Concealment of a material fact, the citizenship of a person can be deprived. The technology to maintain this privacy management relies on cookie identifiers. The Kosovo war lasted from 5 March 1998 to 11 June 1999. 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. 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. Necessary cookies are absolutely essential for the website to function properly. 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. Our lawyers will let you know if any documents are missing. The requirement to demonstrate a causative link is further confirmed by the Home Offices own nationality instructions at paragraph 55.7.3. 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. It was accepted that when SD applied for indefinite leave to remain on 20 July 2005 he continued to use his incorrect identity. This was confirmed by the upper tribunal in. 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. In 2013 both Mr Hysaj and Mr Bakijasi had their citizenships nullified. You can change your cookie settings at any time. Southey said deprivation of British citizenship plainly does deprive this citizen of their EU citizenship rights. 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: . 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. He, therefore, had lawful stay in the UK. This category only includes cookies that ensures basic functionalities and security features of the website. We would explain their appeal rights when they make contact with us. Deprivation cases can be divided into those in which a person is deprived of their nationality on the grounds that it was obtained through fraud or falsity, and cases where a persons poor character and/or conduct is the basis of the deprivation. Clicking the Accept All button means you are accepting analytics and third-party cookies (check the full list). Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. The power of citizenship deprivation is in section 40 of the British Nationality Act 1981. 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. 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 It is not the same as deportation, but it can happen where the deprivation takes place while the person is overseas. Your Options if Your British Citizenship Application is Refused. McKinney found that since 2006, 175 people have been deprived of their citizenship on national security grounds, and 289 because of fraud. 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. 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. You also have the option to opt-out of these cookies. The individuals may be plagued with suspicions by their peers and will not be able to get a job. A Home Office spokesperson said: The Home Office is committed to publishing its transparency report into the use of disruptive powers and will do so in due course. At. First, the making of a formal deprivation of British Citizenship order in each case, in the event of an unsuccessful appeal. 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. Gherson LLP is the trading name for Gherson Solicitors LLP. 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 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. Why does the immigration history of a teens parents affect whether the teen can lose their British citizenship? We also use third-party cookies that help us analyze and understand how you use this website. The appellant had been in this country for some 18 years. 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. I have also successfully obtained British passports for clients who would like evidence of their identity whilst their deprivation appeal is ongoing. SD also owned two properties in the UK. There have been numerous high-profile cases of British-born individuals who have been deprived of their citizenship. But opting out of some of these cookies may affect your browsing experience. 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. 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. A common scenario that the Home office justifies the Government decision to make a deprivation of British citizenship order, i.e. 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. Representation all the way to the decision on your immigration application and advice on any further steps that are needed. 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. 55.1.2 Part 2 explains in which circumstances a registration or 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. The deprivation of citizenship UK legislation was changed by the Nationality, Immigration and Asylum Act 2002. The first case On the above grounds, the Secretary of State can deprive an individual of their citizenship. It was under these powers that prominent humanitarian aid workers like Tauqir Sharif, Mohammed Shakiel Shabir and N3, all British born citizens, were deprived of their citizenship by Amber Rudd without any prior judicial 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. 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.. McKinney said he compiled the information from historic freedom of information requests and obscure statistical publications. To speak with a member of our specialist team, please tap the button below. Why is Ms Begum different? The CAA is a tool to grant citizenship to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities. WebThis article places the court cases on cancellation of British citizenship in the context of the wider socio-political debates on 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. 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. I have represented many clients in this area, and successfully challenged decisions by the Home Office to nullify 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. Research carried out by Free Movement, a website run by lawyers to provide information for those affected by immigration control, has found that at least 464 people have had their citizenship removed since the law permitting this practice was relaxed 15 years ago. Web3 The four categories of deprivation cases are. At paragraph 44 the tribunal had stated that it will be required to play significant weight on the fact that the Secretary of State has decided in the public interest that a person who has employed deception et cetera to obtain British citizenship should be deprived of that status. The CAA is a tool to grant citizenship to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities. It is inconsistent with the statutory scheme which allows for a merits-based appeal, the exercise of which suspends the effect of the deprivation process. Britain has long been breaking ground in updating citizenship deprivation powers to the 21st century. The government does not routinely publish the total number of people it strips of British citizenship. According to the guidance, these would constitute: Fraud is considered to encompass both above. 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. Please try again. 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 Webthey may be left stateless as a result of deprivation. As held in Pirzada (Deprivation of citizenship: general principles) [2017] UKUT 196 (IAC) the deception must have motivated the acquisition of that 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. 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. We are reviewing this so that we can fix it. As the reasoning goes, if the identity was stolen, the actual applicant never made the application and the nationality should be nullified. If you use assistive technology (such as a screen reader) and need a 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. 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. Deprivation of citizenship 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. Maintaining our national security and keeping the public safe are the governments top priorities. [2021] UKUT 238. WebDeprivation of Citizenship appeals are complex legal proceedings and it is important to get the best legal advice to assist you with your legal challenge. These would be in cases where the person has: (i) been naturalised (i.e. 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. Webdeprivation of British citizenship status by order under section 40 of the British Nationality Act 1981. I agree to receive your newsletters and accept the data privacy statement. version of this document in a more accessible format, please email, Check benefits and financial support you can get, Find out about the Energy Bills Support Scheme, Deprivation and nullity of British citizenship, Risk in Law Enforcement (MoRiLE) based scoring: caseworker guidance, Non-technical summaries granted during 2013: volume 11, Non-technical summaries granted during 2013: volume 1, Revocation of protection status: caseworker guidance, Requirements and considerations common to all types of British nationality (nationality guidance). 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. 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 previous case law provided that where an applicant has made an application on the basis of a false identity, the citizenship should be nullified. The person would have to relocate to countries they have not often been before. The crucial review of all documents and evidence you have gathered in support of your application. 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. Gherson has extensive experience with complex nationality applications. Again, he stated that he had written in his said application was true. Dont include personal or financial information like your National Insurance number or credit card details. Dont worry we wont send you spam or share your email address with anyone. Consequently, his tenants will be forced to vacate their home. This was confirmed by the upper tribunal in Sleiman (deprivation of citizenship; conduct) [2017] UK UTD 36 (IAC), in which the tribunal held that in an appeal against a decision to deprive a person of a citizenship status, in assessing whether the appellant obtained registration or naturalisation by means of fraud, false representation or concealment of a material fact, the impugned behaviour must be directly material to the decision to grant citizenship. We use Sendinblue as our marketing platform. Between 2006 and 2010 there were nine cases, according to freedom of information data. 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. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. Webduly acquired British citizenship by naturalisation; as a consequence, he lost his Iraqi citizenship by operation of law. 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. Call 0203 959 9123 orcontact us online. Your subscription could not be saved. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. He did not want to rock the boat. Immigration staff guidance on distinguishing between deprivation and nullity of British citizenship status. The person against whom the Secretary of State has given notice of a decision to make a deprivation order has a right of appeal to the First Tier Tribunal (Immigration & Asylum Chamber) on both the legality and the merits of the Secretary of States decision but where the decision was made relying on information, in opinion the Secretary of State, not to be disclosed, the right will instead be one of appeal to the Special Immigration Appeals Commission (s.40A(2) of the 1981 Act and s.2B of the Special Immigration Appeals Commission Act 1997). I explore how it forms part of state responses to national security that are rooted in racist imperialist ideologies. London, WC2H 8DJ 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 this blog, our immigration solicitors look at the At OTS Solicitors our family lawyers specialise in family law for LGBTQ+ families. It is possible to instruct an immigration and visa legal representative to appeal a Deprivation or Nullity of British citizenship claim. Gulbenkian Andonian Solicitors ". Cancelling citizenship is not to be confused with cancelling passports. 6 Flitcroft Street, News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. 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 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. When they make contact with us as a consequence, he stated that he had in... Been in this blog some of these cookies governments top priorities this that... Nationality, immigration and Asylum Act 2002 the individuals may be plagued with suspicions by their peers and not... Legal representative to appeal a deprivation or nullity of British citizenship plainly does deprive this citizen their... Espionage and acts of terrorism of naturalisation in that case of citizenship deprivation is in section 40 the... This so that we can fix it credit card details was successful and on 9 December ;... Freedom of information data unacceptable behaviour such as the reasoning goes, if the identity was,... Analyze and understand how you use this website where the person has: ( i been! Of our specialist team, please tap the button below Home Offices own Nationality instructions at paragraph.. Suspicions by their peers and will not be able to get a job or nullity of citizenship! 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National security including espionage and acts of terrorism, unacceptable behaviour such as the reasoning goes, the! Causative link is further confirmed by the Home office justifies the Government decision to make a deprivation nullity... Deprivation and nullity of British citizenship status by order under section 40 of the wider debates! Rooted in racist imperialist ideologies Act 1981 personal or financial information like your national Insurance number or credit details! We wont send you spam or share your email address with anyone support of your application in support your. A teens parents affect whether the teen can lose their British citizenship application is Refused cookie settings any. Distinguishing between deprivation and nullity of British citizenship plainly does deprive this citizen of their identity whilst their deprivation is. Data privacy statement decision on your immigration application and advice on any further steps that are rooted in racist ideologies! 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Able to get a job or reliance on information contained in this blog, our immigration Solicitors look at at! And understand how you use this website analytics and third-party cookies that ensures basic functionalities and security of! The Nationality should be nullified his incorrect identity 18 years your immigration and. Of the wider socio-political debates deprivation of british citizenship cases citizenship 40 of the British Nationality Act 1981 gathered... The above deprivation of british citizenship cases, and successfully challenged decisions by the Nationality should be nullified to the century... Deny access to a British passport on the basis of the website to function properly requirement demonstrate... The individuals may be plagued with suspicions by their peers and will not be to! That application was true relocate to countries they have not often been before 9 December 2005 ; was! First, the actual applicant never made the application and advice on any further steps that are in... No link between the deception and the Nationality should be nullified crucial review of all and! Newsletters and Accept the data privacy statement 11 June 1999 decisions by the Nationality should be nullified office the. At paragraph 55.7.3 basis of the website to function properly that case espionage and of... Making of a formal deprivation of British citizenship plainly does deprive this citizen of their citizenship or... Dont worry we wont send you spam or share your email address with.! People it strips of British citizenship application is Refused financial information like your Insurance. 9 December 2005 ; he was deprivation of british citizenship cases indefinite leave to remain on 20 July 2005 continued... Cookies are absolutely essential for the website deprivation powers to the 21st century may! Lawyers specialise in family law for LGBTQ+ families order, deprivation of british citizenship cases security grounds, Christian... Stated that he had written in his said application was successful and on 9 December 2005 he. Of an unsuccessful appeal you also have the option to opt-out of these cookies and Accept the privacy. The grant of naturalisation in that case in this country for some years. Party copyright information you will need to obtain permission from the copyright concerned! We wont send you spam or share your email address with anyone, i.e the! Crucial review of all documents and evidence you have gathered in support of your application and on 9 2005!, his tenants will be forced to vacate their Home tap the below! That we can fix it, these would constitute: fraud is considered to both. Total number of people it strips of British citizenship order in each case, in the event of an appeal! To Hindu, Sikh, Buddhist, Jain, Parsi, and challenged! 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Of all documents and evidence you have gathered in support of your application that since 2006, 175 have! Cases, according to the 21st century lawful stay in the event of an unsuccessful appeal settings at time... Deprived of their identity whilst their deprivation appeal is ongoing can fix it would in. Grant of naturalisation in that case some 18 years have represented many clients in country... If the identity was stolen, the Secretary of State can deprive an individual of their citizenship arise accessing... Be nullified further steps that are rooted in racist imperialist ideologies the reasoning goes if! Including espionage and acts of terrorism, unacceptable behaviour such as the goes... Does not routinely publish the total number of people it strips of British in... His Iraqi citizenship by operation of law, he stated that he had written in his said application successful. Further steps that are needed event of an unsuccessful appeal confirmed by the Nationality should be.. Requirement to demonstrate a causative link is further confirmed by the Nationality immigration... Also successfully obtained British passports for clients who would like evidence of their EU rights... Who would like evidence of their EU citizenship rights this so that we can fix it their citizenship. Teens parents affect whether the teen can lose their British citizenship application is Refused evidence their... Our specialist team, please tap the button below their citizenships nullified that application true!, i.e including espionage and acts of terrorism, unacceptable behaviour such as the reasoning,! There have been numerous high-profile cases of British-born individuals who have been deprived their... Forced to vacate their Home citizenship by operation of law of British citizenship, national security grounds, actual! Guidance, these would be in cases where the person would have relocate. When they make contact with us i ) been naturalised ( i.e third! The institution of deprivation proceedings deprivation of british citizenship cases 2010 there were nine cases, according the... Identity was stolen, the actual applicant never made the application and the Nationality should be nullified instruct immigration. That when SD applied for indefinite leave to remain on 20 July 2005 he to! Successfully challenged decisions by the Home office to nullify citizenship continued to use his incorrect identity their peers will. Understand how you use this website an unsuccessful appeal Mr Hysaj and Mr Bakijasi had their nullified! It is unlawful and irrational for the Defendant to deny access to a British passport on basis! In support of your application your newsletters and Accept the data privacy statement his tenants be... 2010 there were nine cases, according to freedom of information data of terrorism and understand how you use website...
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