not British-born or those who register to acquire citizenship under other provisions of the 1981 Act); and Dont worry we wont send you spam or share your email address with anyone. 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. That application was successful and on 9 December 2005; he was granted indefinite leave to remain. However, the Supreme Courts decision rejected this approach in the instance where the false identity is a fake identity, rather than a stolen identity. But by 2017 numbers had peaked at 148 people who had their citizenship removed that year. 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. The CAA is a tool to grant citizenship to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities. You remain fully in control of how far you progress your matter with us. A British citizen can be deprived of his citizenship if he shows disloyalty to the state, the Court of Appeal has found in the case of Pham v Secretary of State for the Home Department [2018] EWCA Civ 2064. 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. There have been numerous high-profile cases of British-born individuals who have been deprived of their citizenship. 638110. Circumstances surrounding the use of force representation; Could article 8 of the ECHR based on family/private life had been argued? A person can be deprived of their citizenship in certain circumstances. When the decision was made, in 2019, Ms Begum was 19. Contact Mark at OTB Legal if He was told he was an Islamist extremist who had previously sought to travel abroad to participate in terrorism-related activity. Saying how often existing citizenship deprivation powers are used is the bare minimum of transparency that parliament and the public should expect.. They went on to say that they knew he was from Albania however and he could potentially be reunited with his family. 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. 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. The most notable cases of deprivation of citizenship in The Case of Shamima Begum and The Rochdale case. 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. 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. The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. We find out more about you and what you want to achieve. WC2H 8DJ. Our leading legal team are waiting to hear from you now or whenever you feel you are ready. Woodcock Law Limited is authorised and regulated by the Solicitors Regulation Authority (registration number 664924). Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. 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. One can be deprived of WebDeprivation on conducive grounds may also be taken against individuals who have been British from birth. He was born in London to parents of Bangladeshi heritage, but had his citizenship removed when he flew to Bangladesh. 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. There are consequences to Deprivation of British Citizenship. But opting out of some of these cookies may affect your browsing experience. We find that our 3 stage system of working with clients gives everyone the greatest clarity on what can be achieved, how it will happen and how much it will cost. Could You be at Risk of Losing Your British Citizenship? Section 40 of the British Nationality Act 1981 (1981 Act) affords the Secretary of State a power to deprive an individual of their British citizenship on two 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. Besides being subject to immigration control, the appellant would not have the right to work and assuming that the Home Office was mindful to refuse any human rights claim made by the appellant he would then have a right of appeal to pursue that claim under section 82 of the 2000 and to act. The government does not routinely publish the total number of people it strips of British citizenship. You have accepted additional cookies. Shamima Begum, 23, was 15 in 2015 when she left her home in east London with two school friends to travel to Syria. They deprive my citizenship and indefinite leave. 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. 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. It will take only 2 minutes to fill in. It is the job of UK immigration solicitors to ask difficult questions, such as: These are undoubtedly difficult questions that divide opinion, with some people veering on the side of caution over the floodgates argument of allowing 1 person to re-enter the UK who may pose a risk to those people that see no justification for differential treatment between homegrown teens and those with a dual heritage or who are at risk of loss of British citizenship because of their parents immigration decisions. His citizenship was reinstated after the Home Office accepted he is stateless as a result of having his British citizenship taken away from him. Please try again. Thus, the person had never held this nationality. 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). On 14 December 2006 SD applied for naturalisation as a British citizen under his false name and nationality as Kosovan declaring in his application that all the information in his said application was true. Shamima Begum has lost her appeal against the government's decision to remove her British citizenship and remains barred from returning to the UK. For more information about how we might be able to help, head over to our dedicated notary site. 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. However, an evaluative assessment in relation to whether the conduct of a person falls within those words is required. Webdeprivation of British citizenship status by order under section 40 of the British Nationality Act 1981. 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. Also they refuse my parents to visit me. A common scenario that the Home office justifies the Government decision to make a deprivation of British citizenship order, i.e. This category only includes cookies that ensures basic functionalities and security features of the website. Between When the decision was made, in 2019, Ms Begum was 19. 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. This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. In the case of SD, a national of Albania born on 3 December 1984. 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 This website uses cookies to improve your experience while you navigate through the website. The applicant alleges that he was forced to She had provisional citizenship Gherson has extensive experience with complex nationality applications. All rights reserved, Gulbenkian Andonian Solicitors Ltd is an alternative business structure. It does not store any personal data. The first case We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. Citizenship deprivation only happens after very careful consideration of the facts and in accordance with international law. He helped me on everything that I asked for. 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. It will take only 2 minutes to fill in. She was a citizen of Bangladesh, but only in the most technical sense. Our lawyers will let you know if any documents are missing. The case is interesting, thought-provoking and concerning in equal measure. 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. 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. 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. Taking away a persons citizenship on discretionary %PDF-1.5 % The British citizenship of the children of EU nationals born before October 2 2000 could be at risk. 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. Effectively, therefore, SD has the burden of proof to persuade the deciding authority that they should be granted permission to stay in the UK. 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. He, therefore, had lawful stay in the UK. We are aware this PDF publication may have accessibility issues. In 2018 there were 73 cases, in 2019 82 cases, and in 2020 42 cases. Consequently, his tenants will be forced to vacate their home. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Deprivation of citizenship happens for national security reasons or in cases of fraud Depriving someone of their British citizenship for the public good is almost always used in the context of national security. 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 OC428340) with registered address at 17a-19 Harcourt Street, London W1H 4HF and is authorised and regulated by the Solicitors Regulation Authority of England and Wales. The power also extends to other, less common types of British nationality, as listed in section 40(1)(b)-(f). 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. The clause in the Nationality and Borders Bill would not impact the individuals right of appeal. 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