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. That application was refused again on good character grounds on 31 July 2008 following a change in the Home Office policy. It does not store any personal data. 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. 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. He is currently renting the property. You remain fully in control of how far you progress your matter with us. 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. In 2013 both Mr Hysaj and Mr Bakijasi had their citizenships nullified. Whilst both properties are subject to an existing mortgage, one of them is subject to a buy to let agreement. However, the Supreme Courts decision rejected this approach in the instance where the false identity is a fake identity, rather than a stolen identity. Gulbenkian Andonian Solicitors You also have the option to opt-out of these cookies. HomeAbout UsOur ServicesVisa LibraryResourcesCareersBook a ConsultationContact, Level 37One Canada SquareCanary WharfLondonE14 5AA. The power has been possible for over a century, since the 1914 British Nationality and Status of Aliens Act. 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. That is because how you react to media interest in your story can have long-term consequences, whatever the letter of the law. 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. It was accepted that when SD applied for indefinite leave to remain on 20 July 2005 he continued to use his incorrect identity. 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. Revoking citizenship is a highly controversial strategy that the government has pursued against 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. Preparing the tailored bundle of evidence that will support your application. 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. SRA number: 824641 Analytical cookies are used to understand how visitors interact with the website. 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. India Young Professionals Scheme Ballot Opens 28 February 2023, Authorised and regulated by the Solicitors Regulation Authority SRA No. They deprive my citizenship and indefinite leave. 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. WebDeprivation and nullity of British citizenship PDF, 87.3 KB, 22 pages This file may not be suitable for users of assistive technology. Necessary cookies are absolutely essential for the website to function properly. Section 40 of the British Nationality Act 1981 gives the Secretary of State the power to deprive an individual of their British citizenship on two instances where the Secretary of State (SoS) is satisfied that: Deprivation Conducive to public good (Section 40(2)). 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. The Bill allows for the Home Office to deprive someone of their citizenship without prior notification but only in exceptional circumstances. The case highlights the human cost of this power that the Home Office hopes to further strengthen in its controversial nationality and borders bill, which will no longer require notice to be given before taking away someones British citizenship. 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. While the UK government has argued that deprivation of British citizenship does not leave her stateless due to her eligibility for Bangladeshi When the decision was made, in 2019, Ms Begum was 19. Again, he stated that he had written in his said application was true. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. 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. She had provisional citizenship These cookies will be stored in your browser only with your consent. 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. His citizenship was reinstated after the Home Office accepted he is stateless as a result of having his British citizenship taken away from him. For example, this may be because we do not know where they are, or because they are in a war zone where we cant get in touch with them, or because informing them would reveal sensitive intelligence sources. 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. The appellant had been in this country for some 18 years. This policy, known as denaturalization, has been applied with particular harshness in cases where foreign-born subjects have been accused of terrorist activity. $)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 When the decision was made, in 2019, Ms Begum was 19. 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. 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. He has never been arrested or questioned in relation to these claims, nor has he been provided with any evidence which substantiates these claims. His certificate of naturalisation as a British passport was issued under his incorrect identity of SH, a Kosovan. He did not want to rock the boat. endstream endobj startxref On the above grounds, the Secretary of State can deprive an individual of their citizenship. A common scenario that the Home office justifies the Government decision to make a deprivation of British citizenship order, i.e. Shamima Begum, 23, was 15 in 2015 when she left her home in east London with two school friends to travel to Syria. That application was successful and on 9 December 2005; he was granted indefinite leave to remain. Removal action may occur in those territories when deprivation of citizenship has been directed. Obtaining clear written advice in plain language on the legal issues. 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. We are aware this PDF publication may have accessibility issues. Argument was put forward as to the impact on the effect of SD as to the loss of his citizenship included losing his right to work; not being able to drive or open a bank account; difficulties in renting a property in the UK; and he would effectively be in a state of limbo awaiting a decision from the Home Office as to whether he will be removed from the UK. not British-born or those who register to acquire citizenship under other provisions of the 1981 Act); and Deprivation of citizenship entails the loss of the right of abode in the UK, alongside many associated and consequential rights, duties, and opportunities. WebRemoving someones British citizenship, also known as deprivation of citizenship, is used against those who obtained citizenship by fraud and against the most dangerous The crucial review of all documents and evidence you have gathered in support of your application. Each case is assessed individually. 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. We find out more about you and what you want to achieve. McKinney found that since 2006, 175 people have been deprived of their citizenship on national security grounds, and 289 because of fraud. Between Shamima Begum has lost her appeal against the government's decision to remove her British citizenship and remains barred from returning to the UK. In 2018 there were 73 cases, in 2019 82 cases, and in 2020 42 cases. WebDeprivation on conducive grounds may also be taken against individuals who have been British from birth. Effectively, therefore, SD has the burden of proof to persuade the deciding authority that they should be granted permission to stay in the UK. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. What is Deprivation of British Citizenship? Having an experienced and specialist Immigration Lawyer advising you. It is unlawful and irrational for the Defendant to deny access to a British passport on the basis of the institution of deprivation proceedings. 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. Second, further to the latter order, a removal decision or deportation order. %PDF-1.5 % 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. 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. It is vital, including to our national security, that we ensure that just because we cannot immediately tell a person they are to be deprived of British citizenship, it doesnt make the decision any less valid or prevent the deprivation order being made. the concealment had a direct bearing to the decision to register or naturalise. We use some essential cookies to make this website work. 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. That injustice is only compounded when it is carried out without any prior judicial oversight and based on secret evidence which the individual and his lawyers will never see. Shamima Begums case is a bit like marmite you love it or hate it. We also use cookies set by other sites to help us deliver content from their services. 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. Concealment of material fact means operative concealment, i.e. Why is Ms Begum different? McKinney said he compiled the information from historic freedom of information requests and obscure statistical publications. The person would have to relocate to countries they have not often been before. 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. At. Individuals would have to be returned to war-stricken countries. News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. 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. This website uses cookies to improve your experience while you navigate through the website. 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. Gherson Solicitors LLP is registered in England and Wales (Companies House no. That is hard in practice as, by their very nature, teens do not listen to their parents. If you have any questions about the changes or want legal advice, contactWoodcock Law & Notary Public today. 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. But opting out of some of these cookies may affect your browsing experience. 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. 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. As held in Pirzada (Deprivation of citizenship: general principles) [2017] UKUT 196 (IAC) the deception must have motivated the acquisition of that London, WC2H 8DJ For formal advice on the current law please dont hesitate to contact Gherson. If a teen has a child in an overseas holding camp should the child suffer for the sins of the parent? 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. 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 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 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. Why does the immigration history of a teens parents affect whether the teen can lose their British 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 first case The case is interesting, thought-provoking and concerning in equal measure. The Nationality, Immigration and Asylum Act passed in 2002 enabled the government to strip someone of their British citizenship provided they had another nationality. 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 United Kingdom, Pricing|Privacy Policy| Client Interest Policy | Terms & Conditions, Equality & Policy|Complaints|Anti-Bribery, 2022 Gulbenkian AndonianSolicitors. Your first chat with us will always be free, confidential and give you a clear idea of the application types which suit you best. You have accepted additional cookies. Consequently, his tenants will be forced to vacate their home. 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