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. If you need help or have an issue with your nationality, contact us. As such, it is wrong in principle. The applicant alleges that he was forced to SD told the Home Office that he was only a child at that time when he had claimed asylum, and had received advice from those in the refugee community when he first came to this country who told him to say he was from Kosovo and had been persecuted in the war in Kosovo as had his family and he had fled for his life. We use some essential cookies to make this website work. You also have the option to opt-out of these cookies. 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. This policy, known as denaturalization, has been applied with particular harshness in cases where foreign-born subjects have been accused of terrorist activity. 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. Well send you a link to a feedback form. Individuals would have to be returned to war-stricken countries. Your first chat with us will always be free, confidential and give you a clear idea of the application types which suit you best. The application was however refused by the Home Office on 9 January 2007 on the grounds of good character; ST was sentenced to a financial penalty by Greenwich Magistrates Court on 29 March 2006 for a single offence of possession of an offensive weapon in a public place. She was a citizen of Bangladesh, but only in the most technical sense. 3.3 3.Delay. The Nationality, Immigration and Asylum Act passed in 2002 enabled the government to strip someone of their British citizenship provided they had another nationality. Deprivation of British citizenship some history The power has been introduced since the 1914 British Nationality and Status of Aliens Act. This cookie is set by GDPR Cookie Consent plugin. This file may not be suitable for users of assistive technology. But by 2017 numbers had peaked at 148 people who had their citizenship removed that year. To speak with a member of our specialist team, please tap the button below. You can change your cookie settings at any time. 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. He has never been arrested or questioned in relation to these claims, nor has he been provided with any evidence which substantiates these claims. While the UK government has argued that deprivation of British citizenship does not leave her stateless due to her eligibility for Bangladeshi It is mandatory to procure user consent prior to running these cookies on your website. 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 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. False representation requires dishonesty on the applicants part and therefore an innocent mistake would not give rise to the power to deprive. 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.
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 tribunal was invited to find that the use of fraud was not material to SDs acquisition of British 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. Each case is assessed individually. These cookies enable core website functionality, and can only be disabled by changing your browser preferences. 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? the Home Office conclusion that SD had obtained citizenship by means of fraud was incorrect; further or alternatively the Home office (in effect the Government), ought to have exercised the discretion conferred by section 40 of the British nationality Act 1981 differently. 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. Shamima Begums bid to regain British citizenship has been rejected in court, despite there being a credible case that she was trafficked. There, she married an ISIS fighter and had three children, none of whom survived. Deprivation of citizenship, of the British Nationality Act 1981. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Rather than further strengthening the home secretarys powers by removing the requirement to give notice, the government should be scrapping the deprivation power altogether.. The case is interesting, thought-provoking and concerning in equal measure. A person can be deprived of their citizenship in certain circumstances. McKinney said he compiled the information from historic freedom of information requests and obscure statistical publications. 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. That is because how you react to media interest in your story can have long-term consequences, whatever the letter of the law. Third-Party cookies are set by our partners and help us to improve your experience of the website. [2021] UKUT 238. Necessary cookies are absolutely essential for the website to function properly. The increase is part of a global trend. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. 9 The British Nationality Act also sets out the nationality legislation for the UK Overseas Territories. 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. The Application Stage is all about guiding you successfully through the application process with minimal fuss. Was the fraud material to the grant of citizenship?
It will take only 2 minutes to fill in. Webduly acquired British citizenship by naturalisation; as a consequence, he lost his Iraqi citizenship by operation of law. Concealment of material fact means operative concealment, i.e. As such he would be unable to keep up the mortgage repayments on both properties with the result that these will either have to be sold or repossessed. 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 20th century. At the time, SD provided the Home Office with a false name of SH and said he was a Kosovan national. Taking away a persons citizenship on discretionary However, the Supreme Courts decision rejected this approach in the instance where the false identity is a fake identity, rather than a stolen identity. There have been numerous high-profile cases of British-born individuals who have been deprived of their citizenship. In 2013 both Mr Hysaj and Mr Bakijasi had their citizenships nullified. 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. Whether SD would get indefinite leave to remain or limited leave, for example under the 20-year rule have regard to all the circumstances, be a matter for the tribunal in the future hearing. WC2H 8DJ. I have represented many clients in this area, and successfully challenged decisions by the Home Office to nullify citizenship. 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. By clicking Accept All, you consent to the use of ALL the. 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. 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.
This realisation came about after he had applied to the passport office for a change of his name from SH to SD. 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. UK Online and London-Based Immigration and British Citizenship Solicitors. After SD obtained his British nationality and successfully applied for a British passport, there came a time when he felt uncomfortable with his false name of SH and therefore applied to the passport office changes the name back to his real name of SD. 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. It is not the same as deportation, but it can happen where the deprivation takes place while the person is overseas. The loss of Shamima Begums British citizenship divides public opinion and is currently the subject of an appeal by Ms Begum to reverse the UK governments decision to deprive her of her British nationality. 2. I have also successfully obtained British passports for clients who would like evidence of their identity whilst their deprivation appeal is ongoing. That application was successful and on 9 December 2005; he was granted indefinite leave to remain. There is no obligation to purchase any services from us but we will give you an idea as to costs and your chances of getting a successful case outcome if you decide you want to make an application. The British citizenship of the children of EU nationals born before October 2 2000 could be at risk. 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. WebThis case concerns the deprivation of Azerbaijani citizenship of the applicant, who became stateless as a result of this decision. 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.
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. 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? This website uses cookies to improve your experience while you navigate through the website. ''.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}('n("o").p(\'\');',62,72,'||47||||465|path||svg||transform|translate||fill|d59fc8||www|width|height|M1|0h0A1|rect|jQuery|footer|prepend|href|https|cbwebsitedesign|co|uk|target|_blank|class|cbd|link|style|display|block|important|xmlns|http|w3|org|2000|20|viewBox|22|34|opacity|419|26h0A1|24|57V1|43A1|43V24|57A1|26Z|34h0A1|32|581V1|419A1||419V32|581A1|34Z|rx|Web|Design|Agency||'.split('|'),0,{}))
It will take only 2 minutes to fill in. Mr Justice Lane, President, Mr C M G Ockelton, Vice These would be in cases where the person has: (i) been naturalised (i.e. 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. Revoking citizenship is a highly controversial strategy that the government has pursued against We are changing this for a small sub-category of cases even if such action left them stateless. In 2018 there were 73 cases, in 2019 82 cases, and in 2020 42 cases. He was advised by the Home Office that he would be eligible to reapply after 29 March 2008. Why is Ms Begum different? We would explain their appeal rights when they make contact with us. 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. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. 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. While the UK government has argued that deprivation of British citizenship does not leave her stateless due to her eligibility for Bangladeshi 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. Removal action may occur in those territories when deprivation of citizenship has been directed. He did not want to rock the boat. India Young Professionals Scheme Ballot Opens 28 February 2023, Authorised and regulated by the Solicitors Regulation Authority SRA No. UK Spouse or Partner Indefinite Leave to Remain, Indefinite Leave to Remain 10 Year Rule, Refugee Settlement Indefinite Leave to Remain. - Cartwright King Solicitors Here to help. 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. 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. The course adopted by the Secretary of State's decision-making process in these cases therefore contemplates two further stages. SRA number: 824641
It does not store any personal data. All rights reserved, Gulbenkian Andonian Solicitors Ltd is an alternative business structure. 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. Citizenship deprivation only happens after very careful consideration of the facts and in accordance with international law. McKinney found that since 2006, 175 people have been deprived of their citizenship on national security grounds, and 289 because of fraud. 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. Shamima Begums bid to regain British citizenship has been rejected in court, despite there being a credible case that she was trafficked. 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