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. 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. (3) In a section 40(3) case, the Tribunal must establish whether one or more of the means described in subsection (3)(a), (b) and (c) were used by P in order to obtain British citizenship. Was the fraud material to the grant of citizenship? Over the past decade, the United Kingdom has deprived an increasing number of British subjects of their citizenship. 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. He was told he was an Islamist extremist who had previously sought to travel abroad to participate in terrorism-related activity. 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: . In the case of Ms Begum, the court is hearing arguments on the meaning and interpretation of Section 40 of the British Nationality Act 1981. Clicking the Accept All button means you are accepting analytics and third-party cookies (check the full list). The appellant had been in this country for some 18 years. Shamima Begum, 23, was 15 in 2015 when she left her home in east London with two school friends to travel to Syria. 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. When encountered by the British, Assam His certificate of naturalisation as a British passport was issued under his incorrect identity of SH, a Kosovan. 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. The deception in the above case was to mislead the authorities about age on arrival in the UK. Shamima Begum has lost her appeal against the government's decision to remove her British citizenship and remains barred from returning to the UK. 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). Take advantage of this free legal advice from the UK's leading immigration lawyers: Price - 300.00 (inc 20% VAT where applicable). %PDF-1.5 % We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. 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. [2021] UKUT 238. 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. Gulbenkian Andonian Solicitors 628 0 obj <>stream 638110. I have represented many clients in this area, and successfully challenged decisions by the Home Office to nullify citizenship. 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. Yes, in all the cases which they are all in my favour. It is unlawful and irrational for the Defendant to deny access to a British passport on the basis of the institution of deprivation proceedings. 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. 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. At. 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. Why is Ms Begum different? 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. 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. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. 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. We use cookies to optimise site functionality and give you the best possible experience. Deprivation of British citizenship some history The power has been introduced since the 1914 British Nationality and Status of Aliens Act. West End, London, He has never been arrested or questioned in relation to these claims, nor has he been provided with any evidence which substantiates these claims. According to the guidance, these would constitute: Fraud is considered to encompass both above. Get ready for the India Young Professionals Scheme Ballot if you are interested in one of the 2,400 places on offer. This policy, known as denaturalization, has been applied with particular harshness in cases where foreign-born subjects have been accused of terrorist activity. The clause in the Nationality and Borders Bill would not impact the individuals right of appeal. As held in Pirzada (Deprivation of citizenship: general principles) [2017] UKUT 196 (IAC) the deception must have motivated the acquisition of that Advice on, and assistance with, completion of the complex online application form. 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. Concealment of material fact means operative concealment, i.e. Webthey may be left stateless as a result of deprivation. Dont worry we wont send you spam or share your email address with anyone. In the case of SD, a national of Albania born on 3 December 1984. But opting out of some of these cookies may affect your browsing experience. The case is interesting, thought-provoking and concerning in equal measure. 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. 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. 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 British citizenship of the children of EU nationals born before October 2 2000 could be at risk. You have accepted additional cookies. For formal advice on the current law please dont hesitate to contact Gherson. 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. Where statelessness is not in issue, The above approach was endorsed by the Court of Appeal in. The law governing citizenship deprivation marks out naturalisation and dual nationality potential to confirm that these others will never achieve full membership. I have also successfully obtained British passports for clients who would like evidence of their identity whilst their deprivation appeal is ongoing. Deprivation of citizenship One of the most well known cases is that of Shamima Begum, who 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 in February 2021. ~.`VL/,{Z%Gfb u 3.2 2.Legacy Cases. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. HomeAbout UsOur ServicesVisa LibraryResourcesCareersBook a ConsultationContact, Level 37One Canada SquareCanary WharfLondonE14 5AA. WebThis article places the court cases on cancellation of British citizenship in the context of the wider socio-political debates on citizenship. Removing or resetting your browser cookies will reset these preferences. 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. 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. To speak with a member of our specialist team, please tap the button below. We also use cookies set by other sites to help us deliver content from their services. Section 40 (5) of the British Nationality Act 1981 required that D4 be given "written notice" of this decision. Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. It will take only 2 minutes to fill in. The power has been possible for over a century, since the 1914 British Nationality and Status of Aliens Act. The most notable cases of deprivation of citizenship in The Case of Shamima Begum and The Rochdale case. I explore how it forms part of state responses to national security that are rooted in racist imperialist ideologies. Our leading legal team are waiting to hear from you now or whenever you feel you are ready. You have rejected additional cookies. 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. We find out more about you and what you want to achieve. This website uses cookies to improve your experience while you navigate through the website. 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. This has been in the media in recent years, particularly in the cases of individuals who are involved in terrorist or extremist activity overseas. 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. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. When the decision was made, in 2019, Ms Begum was 19. 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. Research by lawyer-run website finds Home Office has removed citizenship of at least 464 people since relaxation of law. Click here to speak to us today Message us Request a call back Your 616 0 obj <> endobj I agree to receive your newsletters and accept the data privacy statement. 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 information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. 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. Our lawyers will let you know if any documents are missing. " There has been a significant increase in decisions by the Home Office to deprive British Citizens of their Nationality in the past two years. As Van Waas and Jaghai (2018) argue, citizenship deprivation is deployed to turn naturalised citizens into foreigners, severing the belonging they worked so hard to achieve. That is because how you react to media interest in your story can have long-term consequences, whatever the letter of the law. 3.4 4.Foreseeable Consequences. 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. Gherson Solicitors LLP is registered in England and Wales (Companies House no. 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. Between 2006 and 2010 there were nine cases, according to freedom of information data. 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. 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. The deprivation of citizenship UK legislation was changed by the Nationality, Immigration and Asylum Act 2002. This Act gives the Secretary of State the power to deprive an individual of their British citizenship if the Secretary of State is satisfied that deprivation is conducive to The 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. 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. 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. Our lawyers will work with you to maximise your prospects of success. In any event you will be armed with expert legal advice. However, there was no link between the deception and the grant of naturalisation in that case. It also explains in which circumstances a registration or naturalisation may be a nullity. In 2018 there were 73 cases, in 2019 82 cases, and in 2020 42 cases. The Supreme Court ruled on 21 December 2017 in the cases of R (Hysaj and others) v Secretary of State for the Home Department and Bakijasi v Secretary of State for the Home Department that if a person made misrepresentations during an application for British citizenship they can be deprived of their citizenship under sections 40 and 40A of the British Nationality Act 1981, instead of having it nullified. The CAA is a tool to grant citizenship to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities. These cookies will be stored in your browser only with your consent. Web3 The four categories of deprivation cases are. When the decision was made, in 2019, Ms Begum was 19. This website uses cookies to improve your experience while you navigate through the website. Preparing the tailored bundle of evidence that will support your application. In this blog, our immigration solicitors look at the At OTS Solicitors our family lawyers specialise in family law for LGBTQ+ families. It always comes with a right of appeal. 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. Webduly acquired British citizenship by naturalisation; as a consequence, he lost his Iraqi citizenship by operation of law. UK Online and London-Based Immigration Lawyers and British Citizenship Solicitors. The technology to maintain this privacy management relies on cookie identifiers. Gherson has extensive experience with complex nationality applications. Dont include personal or financial information like your National Insurance number or credit card details. 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