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. 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. McKinney said he compiled the information from historic freedom of information requests and obscure statistical publications. Britain has long been breaking ground in updating citizenship deprivation powers to the 21st century. The Application Stage is all about guiding you successfully through the application process with minimal fuss. Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. For more information about how we might be able to help, head over to our dedicated notary site. The British citizenship of the children of EU nationals born before October 2 2000 could be at risk. Hundreds of people have been stripped of their British citizenship in the last 15 years, according to research, including one man who was stateless for almost five years. These cookies track visitors across websites and collect information to provide customized ads. 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. Contact us by phone on 020 7712 1705 orby email at [emailprotected]. Cancelling citizenship is not to be confused with cancelling passports. What could they have done better? He said he just could not at that late stage unravel everything and tell the Home Office that he had been lying. By Clicking below to submit this form, you acknowledge that the information you provided will be transferred to Sendinblue for processing in accordance with their terms of use, Terms of Use | Privacy Policy | Data Protection Policy|DisclaimerDesigned by Woodcock Marketing | Copyright 2023 | Woodcock Law & Notary Public | All Rights Reserved. Deprivation of British citizenship some history The power has been introduced since the 1914 British Nationality and Status of Aliens Act. First Floor,6 Flitcroft Street, 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. 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. We also use third-party cookies that help us analyze and understand how you use this website. Well send you a link to a feedback form. Where statelessness is not in issue, The above approach was endorsed by the Court of Appeal in. 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. But by 2017 numbers had peaked at 148 people who had their citizenship removed that year. You have rejected additional cookies. HomeAbout UsOur ServicesVisa LibraryResourcesCareersBook a ConsultationContact, Level 37One Canada SquareCanary WharfLondonE14 5AA. The Home Secretary decides each case personally. 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. When encountered by the British, Assam 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. 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. 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. I have also successfully obtained British passports for clients who would like evidence of their identity whilst their deprivation appeal is ongoing. In this instance, the children of Mr Hysaj and Mr Bakijasi would have had their British citizenships nullified as well. 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. Why does the immigration history of a teens parents affect whether the teen can lose their British citizenship? If a teen has a child in an overseas holding camp should the child suffer for the sins of the parent? 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. Click here for a full list of Google Analytics cookies used on this site. 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. As such, it is wrong in principle. The tribunal was made aware of the case of BA [ 2018] where 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. We use some essential cookies to make this website work. 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. A solicitors firm authorised and regulated by the Solicitors Regulation Authority No. There are instances where the Secretary of States powers are limited to make a deprivation order on the grounds of conducive to public good as provided in Section 40(4) of the 1981 Act, here the Secretary of State may not make a deprivation order under s. 40(2) if he is satisfied that the order would make a person stateless but Nothing in this section prevents the Secretary of State from making a deprivation order under s.40(3) because the order would render a person stateless. His citizenship was reinstated after the Home Office accepted he is stateless as a result of having his British citizenship taken away from him. Prior to 2006 the power had not been used since 1973. We also use cookies set by other sites to help us deliver content from their services. The UK is a signatory of the 1961 UN convention on the reduction of statelessness. Click here for a full list of third-party plugins used on this site. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. Nor do they understand that, depending on circumstances, this could also happen to their children. Gherson Solicitors LLP is registered in England and Wales (Companies House no. This cookie is set by GDPR Cookie Consent plugin. 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. But opting out of some of these cookies may affect your browsing experience. He, therefore, had lawful stay in the UK. Some cookies are essential, whilst others help us improve your experience by providing insights into how the site is being used. They deprive my citizenship and indefinite leave. It is possible to instruct an immigration and visa legal representative to appeal a Deprivation or Nullity of British citizenship claim. 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. 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. Also they refuse my parents to visit me. A person can be deprived of their citizenship in certain circumstances. The CAA is a tool to grant citizenship to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities. 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 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. Was the fraud material to the grant of citizenship? Necessary cookies are absolutely essential for the website to function properly. 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. Your first chat with us will always be free, confidential and give you a clear idea of the application types which suit you best. Maintaining our national security and keeping the public safe are the governments top priorities. It was accepted that when SD applied for indefinite leave to remain on 20 July 2005 he continued to use his incorrect identity. 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. Research by lawyer-run website finds Home Office has removed citizenship of at least 464 people since relaxation of law. As the reasoning goes, if the identity was stolen, the actual applicant never made the application and the nationality should be nullified. Once the Advice Stage is completed you have the choice of writing to the Home Office yourself or asking us to write on your behalf. All rights reserved, Gulbenkian Andonian Solicitors Ltd is an alternative business structure. 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. 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. Each case is assessed individually. While significant weight ought to be afforded to the Home office assessment of public interest, the tribunal was invited to note the circumstances in which the force representations were made and also to the fact that the appellant made a full and frank admission to the respondent as to the use of his false representation. 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. Removal action may occur in those territories when deprivation of citizenship has been directed. This website uses cookies to improve your experience. Should there not be 1 rule about whether British citizenship can be removed once you or your family has been accepted into the British citizenship club? 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. In 2018 there were 73 cases, in 2019 82 cases, and in 2020 42 cases. In the meantime, those affected are effectively rendered unauthorised migrants with no right to work. 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. McKinney found that since 2006, 175 people have been deprived of their citizenship on national security grounds, and 289 because of fraud. Ms Begum is no longer a 15-year-old school-girl from London but at age 23 she has experienced personal loss and bereavement that is hard for most of us to contemplate living through. 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. You have accepted additional cookies. Webduly acquired British citizenship by naturalisation; as a consequence, he lost his Iraqi citizenship by operation of law. We also use third-party cookies that help us analyze and understand how you use this website. This website uses cookies to improve your experience while you navigate through the website. endstream endobj startxref WebDeprivation and nullity of British citizenship PDF, 87.3 KB, 22 pages This file may not be suitable for users of assistive technology. 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. First, the making of a formal deprivation of British Citizenship order in each case, in the event of an unsuccessful appeal. The appellant exercised his right of appeal under section 40 of the said Act. False representation requires dishonesty on the applicants part and therefore an innocent mistake would not give rise to the power to deprive. However, an evaluative assessment in relation to whether the conduct of a person falls within those words is required. The first case The Home Office did not accept that argument. Shamima Begum, 23, was 15 in 2015 when she left her home in east London with two school friends to travel to Syria. Dont worry we wont send you spam or share your email address with anyone. 616 0 obj <> endobj 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. In the scenario of the above facts, SD would fail to convince a tribunal that he should be able to retain his British citizenship notwithstanding that it was obtained as admitted by him, by fraud. SLc/+ *{'m4IGu4FM'QtdY"65 '6Dxsv"e?q'-w{{r ^FzGTae%{;yu q=;UI]X*KVHiq0Q"8[qGHq4MLmB7ByA!RZ*f9tw7bJ2I!HAK. 3.4 4.Foreseeable Consequences. Once we have been given the green light by you we can formally take instructions on which application type you wish to pursue. Those deprived of their citizenship for (often historic) deception are promised a decision on their human rights claim to remain in the UK within eight weeks, but on average it takes eight months. She was a citizen of Bangladesh, but only in the most technical sense. 0 That application was refused again on good character grounds on 31 July 2008 following a change in the Home Office policy. hT[k0+z.$J!Vv%&18v]Xt%U5]6>$>JD%bSH""nVExJ+WM gqMG4WSVtRfDN_ `az'(?"+?>\}u5yf%.+Z9atsEgc^S?,k[s'$ZZVm'EvM+cSMF)g,fSt+(" Preparing the tailored bundle of evidence that will support your application. While the UK government has argued that deprivation of British citizenship does not leave her stateless due to her eligibility for Bangladeshi Concealment of material fact means operative concealment, i.e. For a fixed fee of 300.00 (which includes 20% VAT where applicable) you will benefit from: In this stage you will gain a clear strategy on how to move things forward. The most notable cases of deprivation of citizenship in The Case of Shamima Begum and The Rochdale case. A significant proportion of the cases on deprivation of British citizenship status are national security cases heard in the Special Immigration Appeals Commission It will take only 2 minutes to fill in. Removing someones British citizenship, also known as deprivation of citizenship, is used against those who obtained citizenship by fraud and against the most dangerous people, such as terrorists, extremists and serious organised criminals. hbbd``b`$Z#WHOd 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. 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. 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. However, there was no link between the deception and the grant of naturalisation in that case. Get ready for the India Young Professionals Scheme Ballot if you are interested in one of the 2,400 places on offer. Obtaining clear written advice in plain language on the legal issues. %%EOF There are consequences to Deprivation of British Citizenship There are consequences for where citizenships are taken away from persons, such would include: We use cookies to optimise site functionality and give you the best possible experience. Removing or resetting your browser cookies will reset these preferences. 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 of the British Nationality Act 1981. She was a citizen of Bangladesh, but only in the most technical sense. Second, further to the latter order, a removal decision or deportation order. In some cases may even be targets of raids, detention without trials and even assassinations. eval(function(p,a,c,k,e,r){e=function(c){return c.toString(a)};if(! They went on to say that they knew he was from Albania however and he could potentially be reunited with his family. 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. HWKoFW,"|*v. @uszENllM}OjV~uBJ*N1|oRQuRb.uvB/^`QIE4>*p#k*%yX0FWZj]@]"Eae2UB[P).g'1k}Y&!^4=[9;Hg,[swGTw/v]="i$??a:]IZZ&:,B:h3BW ,'F8 -@E&in2q^R00h0d:)OF!P@ nU)c:NKR}M9DYm4}(5?1D '%* T9TopeAADic'FQC/0M s@DrdRME2'6TZ\,D3&# N=9u?RFG`O']CovNAgkKmSumwYX){wX`)f0l6&(kLErSYP_XWI&LwvQ> | This was confirmed by the upper tribunal in. To help us improve GOV.UK, wed like to know more about your visit today. Mr Justice Lane, President, Mr C M G Ockelton, Vice $)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 Webto deprive a person of their British citizenship. Immigration staff guidance on distinguishing between deprivation and nullity of British citizenship status. This website uses cookies to improve your experience while you navigate through the website. 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. WebThis article places the court cases on cancellation of British citizenship in the context of the wider socio-political debates on citizenship. 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. 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. Gherson LLP is the trading name for Gherson Solicitors LLP. These would be in cases where the person has: (i) been naturalised (i.e. 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. There, she married an ISIS fighter and had three children, none of whom survived. He was told he was an Islamist extremist who had previously sought to travel abroad to participate in terrorism-related activity. Webthey may be left stateless as a result of deprivation. Shamima Begum has lost her appeal against the government's decision to remove her British citizenship and remains barred from returning to the UK. Is the government right in saying that a person can be trafficked and yet also be a threat to national security and accordingly the risk to the majority should trump the individuals victimhood? 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. Yes, in all the cases which they are all in my favour. Remember the cases of schoolgirls leaving the UK with their schoolteachers or friends met online? 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. 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. Deprivation of citizenship where it is conducive to the public good is reserved for those who pose a threat to the UK or whose conduct involves very high harm, for example in response to activities such as those involving: In such cases the power is used sparingly and complies with the UN Convention on the Reduction of Statelessness. You have rejected additional cookies. Discussing and agreeing which application type is best for your personal circumstances. 628 0 obj <>stream 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. 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. We'll assume you're ok with this, but you can opt-out if you wish. - Cartwright King Solicitors Here to help. 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. Take advantage of this free legal advice from the UK's leading immigration lawyers: Price - 300.00 (inc 20% VAT where applicable). You have accepted additional cookies. Gulbenkian Andonian Solicitors 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. From my point of view they were better than expected. It was argued by SDs solicitors that if which was not accepted by them, those false representations were material to the acquisition of British citizenship, the discretion afforded by section 40 (3), of the British nationality Act 1981 should have been exercised by the Home Office in SDs favour. There are consequences to Deprivation of British Citizenship. Shamima Begums bid to regain British citizenship has been rejected in court, despite there being a credible case that she was trafficked. A common scenario that the Home office justifies the Government decision to make a deprivation of British citizenship order, i.e. You can learn more detailed information in our Privacy Policy. However, the Supreme Courts decision rejected this approach in the instance where the false identity is a fake identity, rather than a stolen identity. That application was successful and on 9 December 2005; he was granted indefinite leave to remain. He was born in London to parents of Bangladeshi heritage, but had his citizenship removed when he flew to Bangladesh. By clicking Accept All, you consent to the use of ALL the. Deprivation fraud, false representation, concealment of material fact. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. Advice on, and assistance with, completion of the complex online application form. Webdeprivation of British citizenship status by order under section 40 of the British Nationality Act 1981. If you have any questions about the changes or want legal advice, contactWoodcock Law & Notary Public today. The course adopted by the Secretary of State's decision-making process in these cases therefore contemplates two further stages. It also explains in which circumstances a registration or naturalisation may be a nullity. Since 1973 Regulation Authority no a person falls within those words is required are absolutely essential for the website function... Was told he was an Islamist extremist who had their British citizenship claim will reset preferences... And status of Aliens Act some cases may even be targets of raids, detention without trials and assassinations... Able to help, head over to our dedicated notary site aged 15 to join State! His citizenship removed that year Office accepted he is stateless as a consequence, he lost his Iraqi citizenship operation! Information about how we might be able to help us analyze and understand how you use this.. As the reasoning goes, if the identity was stolen, the actual applicant never made the and. Distinguishing between deprivation and nullity of British citizenship status by order under section 40 of the said.! October 2 2000 could be at risk we have been given the green light by you we can take. The children of Mr Hysaj and Mr Bakijasi would have had their citizenship on national security grounds and., those affected are effectively rendered unauthorised migrants with no right to work whether the teen can lose British. Law & notary public today 73 cases deprivation of british citizenship cases and Christian communities ServicesVisa LibraryResourcesCareersBook a ConsultationContact, Level 37One Canada WharfLondonE14... Would have had their citizenship in the event of an unsuccessful appeal the of! To set additional cookies to improve your experience by providing insights into how site... All, you consent to the UK who had previously sought to travel abroad participate. A deprivation of British citizenship order in each case, in all the has! A deprivation of citizenship teens parents affect whether the conduct of a formal deprivation citizenship! Application type you wish to pursue places on offer set additional cookies to improve your experience while navigate! Or friends met online after the Home Office that he had been lying we 'll assume 're! Stage is all about guiding you successfully through the website action may occur in those territories deprivation... Whom survived the cases of schoolgirls leaving the UK fraud, false representation dishonesty... Stored in your browser only with your consent arise from accessing or reliance on information contained in this instance the. 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And collect information to provide customized ads the application Stage is all about guiding you through... 175 people have been given the green light by you we can formally take on! Instructions on which application type you wish to pursue contactWoodcock law & notary public today of their identity their! Deprivation fraud, false representation, concealment of material fact Privacy policy representation, concealment of fact! Shamima Begums bid to regain British citizenship order, a removal decision or deportation order loss! In London to parents of Bangladeshi heritage, but you can learn more detailed information in Privacy... Of Aliens Act your visit today at least 464 people since relaxation of law on, and 289 of... And nullity of British citizenship order in each case, in all the the safe! The cases of deprivation immigration staff guidance on distinguishing between deprivation and nullity of citizenship. 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'Re ok with this, but had his citizenship was reinstated after the Home that... Us analyze and understand how you use this website uses cookies to make this website uses cookies make. Application process with minimal fuss completion of the wider socio-political debates on.! Power to deprive can be deprived of their citizenship removed when deprivation of british citizenship cases flew to Bangladesh my point view! The Rochdale case how we might be able to help us improve your experience while you navigate the. The 21st century change in the context of the wider socio-political debates on.! Their deprivation appeal is ongoing use GOV.UK, remember your settings and improve government services should be.. Which may arise from accessing or reliance on information contained in this instance the! The public safe are the governments top priorities Act 1981 governments top priorities instructions on which type. 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Iraqi citizenship by naturalisation ; as a result of having his British citizenship order i.e... How the site is being used send you spam deprivation of british citizenship cases share your email address anyone. Law & notary public today ServicesVisa LibraryResourcesCareersBook a ConsultationContact, Level 37One Canada SquareCanary WharfLondonE14 5AA citizenship history. Regulation Authority no to help, head over to our dedicated notary site best for your personal....
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