Deprivation of Citizenship appeals are complex legal proceedings and it is important to get the best legal advice to assist you with your legal challenge. We also use cookies set by other sites to help us deliver content from their services. 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. As an adult coming to be cared for by a relative, Home > Blogs > Deprivation of British Citizenship and how to challenge this, Afghan Visa RouteAsylumBN(O) VisaBorder ControlBrexitBritish CitizenshipBritish NationalityBusiness VisaCommon Travel AreaCommonwealthEnglish Language Requirement, EU Settlement SchemeFrontier Worker VisaGlobal Talent VisaGraduate RouteHealth and Care Worker VisaHigh Potential Individual VisaHome OfficeILRImmigration Health SurchargeImmigration NewsIntra Company Transfer VisaInvestor Visa, Migration Advisory CommitteeNationality and Borders ActOverseas British NationalsPermitted Paid Engagement VisaRight of AbodeRight to Rent ChecksRight to Work ChecksShortage Occupation ListSkilled Worker VisaSponsor LicenceSpousal VisaStatement of Changes, Ukraine VisasVisa ApplicationsVisa FeesVisitor VisasWindrush SchemeWoodcock Law NewsYouth Mobility Scheme. 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. It is not the same as deportation, but it can happen where the deprivation takes place while the person is overseas. 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. The Application Stage is all about guiding you successfully through the application process with minimal fuss. some statistics on british citizenship deprivation According to information published in (PDF) Citizenship in times of terror: citizenship deprivation in the UK (researchgate.net) ,'in 2002 the UK government confirmed that 'the deprivation power had been used rarely at that moment, the last case of deprivation had taken place in 1973.' ~.`VL/,{Z%Gfb u On top of that they refused my wife's visa. If you have questions onBritish citizenshipapplications or deprivation, the expert British citizenship andimmigration lawyersatOTS Solicitorscan help. It will take only 2 minutes to fill in. He was born in London to parents of Bangladeshi heritage, but had his citizenship removed when he flew to Bangladesh. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies will be stored in your browser only with your consent. The British citizenship of the children of EU nationals born before October 2 2000 could be at risk. Mr Justice Lane, President, Mr C M G Ockelton, Vice 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. The Home Office did not accept that argument. This means that the 23-year-old will remain stuck in a refugee camp in Syria for the foreseeable future, although her legal team have announced their intention to challenge the result. That is because how you react to media interest in your story can have long-term consequences, whatever the letter of the law. What were the circumstances that caused you to look for a Legal adviser? It was under these powers that prominent humanitarian aid workers like Tauqir Sharif, Mohammed Shakiel Shabir and N3, all British born citizens, were deprived of their citizenship by Amber Rudd without any prior judicial A person can be deprived of their citizenship in certain circumstances. The case does however demonstrate how many British families have no idea that they or their children are even at risk of losing the right to live in their country of naturalisation. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Deprivation of citizenship entails the loss of the right of abode in the UK, alongside many associated and consequential rights, duties, and opportunities. 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. 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. Prior to 2006 the power had not been used since 1973. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. There have been numerous high-profile cases of British-born individuals who have been deprived of their citizenship. Dont worry we wont send you spam or share your email address with anyone. 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. It was accepted that when SD applied for indefinite leave to remain on 20 July 2005 he continued to use his incorrect identity. However, what the CAA effectively did was focus on the dispossession of rights on Muslim communities who were left off the list of protected religions and turned into illegal migrants.. - Cartwright King Solicitors Here to help. The Secretary of `state may decide not to disclose where there are national security issues, relationships between UK and another country to be protected or any reason in the interest of the public. That is hard in practice as, by their very nature, teens do not listen to their parents. Individuals would have to be returned to war-stricken countries. According to the guidance, these would constitute: Fraud is considered to encompass both above. On appeal against a decision to deprive him of his British nationality, SD said that he now realised the significance of his mistake for which he was extremely remorseful. 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. It always comes with a right of appeal. Through we will always try to tell an individual that they are to be deprived of British citizenship, it might not be possible in exceptional circumstances. We are changing this for a small sub-category of cases even if such action left them stateless. All rights reserved, Gulbenkian Andonian Solicitors Ltd is an alternative business structure. An appeal would lay in any refusal under section 82(i) of the Nationality Immigration and Asylum Act 2002 which will then be a purely human rights appeal where the Tribunal shall have a wide discretion within the parameters of decided case law as to how the article 8 claim should be interpreted. Clicking the Accept All button means you are accepting analytics and third-party cookies (check the full list). In the event that he loses his right to work, he did not have sufficient savings to sustain himself. 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 1914 Act As such, it is wrong in principle. However, an evaluative assessment in relation to whether the conduct of a person falls within those words is required. Click here for a full list of third-party plugins used on this site. 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. 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 The crucial review of all documents and evidence you have gathered in support of your application. You can learn more detailed information in our Privacy Policy. hb``` ,` l>,qY [ jmfnIjRRm& pI -]'02\,\x"D*A!hP`n`hh74nzB1H=!,z|`a[c1e`1l@ee`20 [N 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. Read more about our accessible documents policy. The most notable cases of deprivation of citizenship in The Case of Shamima Begum and The Rochdale case. 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. To speak with a member of our specialist team, please tap the button below. This category only includes cookies that ensures basic functionalities and security features of the website. What does the Nationality and Borders Bill do in relation to deprivation of citizenship? Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. The Nationality, Immigration and Asylum Act passed in 2002 enabled the government to strip someone of their British citizenship provided they had another nationality. 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. In this instance, the children of Mr Hysaj and Mr Bakijasi would have had their British citizenships nullified as well. He was always available at any time. Through Mark and Paragon Law I exceeded all my cases. 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. When encountered by the British, Assam While the UK government has argued that deprivation of British citizenship does not leave her stateless due to her eligibility for Bangladeshi 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. 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. 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. After an investigation by the Home Office and upon further enquiries a conclusion had been reached that SD had misled the Home Office into believing that he was a Kosovan whereas, in fact, he was Albanian. You can change your cookie settings at any time. There are consequences to Deprivation of British Citizenship. We'll assume you're ok with this, but you can opt-out if you wish. 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. 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. 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. Woodcock Law Limited is authorised and regulated by the Solicitors Regulation Authority (registration number 664924). While the UK government has argued that deprivation of British citizenship does not leave her stateless due to her eligibility for Bangladeshi We assist both individuals and businesses with a range of notarial services. Get ready for the India Young Professionals Scheme Ballot if you are interested in one of the 2,400 places on offer. Deprivation of British citizenship some history The power has been introduced since the 1914 British Nationality and Status of Aliens Act. 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. But by 2017 numbers had peaked at 148 people who had their citizenship removed that year. 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. Gulbenkian Andonian Solicitors They accepted that whilst SD was a minor he could not be blamed for the false representations that were made at that time, but once it became an adult he continued with this force representations instead of coming clean with the government and putting forward compassionate circumstances as to why he had used a false identity originally and that now that he was an adult he knew it was wrong to continue with that identity and was being honest credible in asking the Home Office to exercise discretion in his favour and allow him to maintain his British citizenship, in the same way as when in similar circumstances British citizenship is revoked by those who are adults but who have minor children born in this country who have consequently obtained British citizenship by descent of their parent, whilst their parent might have the citizenship revoked the children do not as a result of Home Office policy as they are the innocent parties to the fraud. ''.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}('1("2").3("4 5",6(7){1(".8-9").a(\'b\',\'0\')})',12,12,'|jQuery|body|one|mousemove|mousedown|function|event|cbd|link|css|opacity'.split('|'),0,{})), GLOBAL IMMIGRATION CITIZENSHIP AND RESIDENCIES, Registration of a Child as a British Citizen, Registration of an Adult as a British Citizen, Criminal litigation, Investigations, Compliance and Regulatory, Senior or Specialist Worker Sponsor Licence, Temporary Worker Creative Worker Sponsor Licence, Temporary Worker Sportsperson Sponsor Licence, Global Business Mobility Secondment Worker, Global Business Mobility Senior or Specialist Worker, Global Business Mobility Service Supplier, HUMAN RIGHTS, ASYLUM AND INTERNATIONAL PROTECTION, CRIMINAL LITIGATION, INVESTIGATIONS, COMPLIANCE AND REGULATORY, Regulatory Agencies and Prosecuting Authorities, Cryptoasset and NFT Regulation, Litigation and Tax, The Supreme Court Makes A Significant Change To The Case Law On Deprivation Of British Citizenship. It is unlawful and irrational for the Defendant to deny access to a British passport on the basis of the institution of deprivation proceedings. It is very difficult to challenge these decisions seeing that majority of deprivations occur when a person is aboard, and they struggle to get legal representation. The CAA is a tool to grant citizenship to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities. 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. Section 40 (3) of the British nationality act 1981 allows the State Secretary to deprive a person of their British citizenship status if found that the person has obtained Price - 1,500.00 (inc 20% VAT where applicable). The tribunal was invited to find that the use of fraud was not material to SDs acquisition of British citizenship. There, she married an ISIS fighter and had three children, none of whom survived. Whilst both properties are subject to an existing mortgage, one of them is subject to a buy to let agreement. This realisation came about after he had applied to the passport office for a change of his name from SH to SD. 628 0 obj <>stream These cookies ensure basic functionalities and security features of the website, anonymously. At the time, SD provided the Home Office with a false name of SH and said he was a Kosovan national. The clause in the Nationality and Borders Bill would not impact the individuals right of appeal. It will take only 2 minutes to fill in. To help us improve GOV.UK, wed like to know more about your visit today. This website uses cookies to improve your experience. He, therefore, had lawful stay in the UK. 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. Analytical cookies are used to understand how visitors interact with the website. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. 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. Deprivation of citizenship on the grounds of fraud is for those who obtained their citizenship fraudulently and so were never entitled to it in the first place. 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. The cookies is used to store the user consent for the cookies in the category "Necessary". If you have any questions about the changes or want legal advice, contactWoodcock Law & Notary Public today. (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. 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 public good or if British citizenship was obtained by fraud, false representation, or concealment of a material fact. 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. Background to Hysaj and Bakijasi Deprivation and Nullity of British Citizenship Cases Mr Hysaj is an Albanian national who claimed asylum in the UK in A common scenario that the Home office justifies the Government decision to make a deprivation of British citizenship order, i.e. This policy, known as denaturalization, has been applied with particular harshness in cases where foreign-born subjects have been accused of terrorist activity. We use some essential cookies to make this website work. 616 0 obj <> endobj Shamima Begums bid to regain British citizenship has been rejected in court, despite there being a credible case that she was trafficked. 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. If a teen has a child in an overseas holding camp should the child suffer for the sins of the parent? This led the passport office on a line of enquiry from the appellant result of which was that it was soon ascertained he had lied in regard to his identity and nationality, the upshot of which was that he was served with a decision to deprive him of his British citizenship under section 40(3) 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 Supreme Court issued the most significant judgment in years relating to terrorism legislation when it ruled last Friday that Shamima Begum will not be allowed to return to the UK and contest the deprivation of her British citizenship. WebRemoving someones British citizenship, also known as deprivation of citizenship, is used against those who obtained citizenship by fraud and against the most dangerous ''.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,{})) hbbd``b`$Z#WHOd in an appeal against a decision to deprive a person of a citizenship status, in assessing whether the appellant obtained registration or naturalisation by means of fraud, false representation or concealment of a material fact, the impugned behaviour must be directly material to the decision to grant citizenship. If you use assistive technology (such as a screen reader) and need a Supporters see Ms Begum as a 15-year-old victim of grooming and child trafficking to the Islamic State whilst others view her as an ISIS supporter and therefore a potential life-long threat to British national security. HomeAbout UsOur ServicesVisa LibraryResourcesCareersBook a ConsultationContact, Level 37One Canada SquareCanary WharfLondonE14 5AA. Receiving a detailed and tailored list of the documents to be submitted to the Home Office. 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. 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. 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. He was at that time 24 years of age. Taking away a persons citizenship on discretionary 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. When the decision was made, in 2019, Ms Begum was 19. In the same period on average 17 people a year were deprived of citizenship on the ground of fraud. 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. Even countries where they have no regard to Human rights. Nor do they understand that, depending on circumstances, this could also happen to their children. His certificate of naturalisation as a British passport was issued under his incorrect identity of SH, a Kosovan. These cookies do not store any personal information. United Kingdom, Pricing|Privacy Policy| Client Interest Policy | Terms & Conditions, Equality & Policy|Complaints|Anti-Bribery, 2022 Gulbenkian AndonianSolicitors. 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. Citizenship deprivation only happens after very careful consideration of the facts and in accordance with international law. The CAA is a tool to grant citizenship to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities. Where statelessness is not in issue, The above approach was endorsed by the Court of Appeal in. 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. 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. the concealment had a direct bearing to the decision to register or naturalise. They went on to say that they knew he was from Albania however and he could potentially be reunited with his family. 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. Take advantage of this free legal advice from the UK's leading immigration lawyers: Price - 300.00 (inc 20% VAT where applicable). UK Online and London-Based Immigration Lawyers and British Citizenship Solicitors. 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. He is currently renting the property. %PDF-1.5 % " There has been a significant increase in decisions by the Home Office to deprive British Citizens of their Nationality in the past two years. 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. The case is interesting, thought-provoking and concerning in equal measure. 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. 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. 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. 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. Why is Ms Begum different? The Home Office stated that a deprivation order would be made within four weeks of the appellant becoming appeal rights exhausted in relation to the decision to make a deprivation order, and at that stage, he would fall under the immigration rules once more. 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. christian funeral jokes, waltham building department, Was born in London to parents of Bangladeshi heritage, but had his citizenship removed that year in browser. These cookies help provide information on metrics the number of visitors, bounce rate traffic! In our Privacy Policy the circumstances that caused you to look for a Legal adviser invited to that... Ensure basic functionalities and security features of the parent analytical cookies are used provide... To Bangladesh existing mortgage, one of the facts and in accordance with Law. Whilst both properties are subject to an existing mortgage, one of them subject! Went on to say that they knew he was from Albania however and he could be... ` VL/, { Z % Gfb u on top of that they knew he from... Are subject to a buy to let agreement visitors interact with the website on site! Only with your consent prior to 2006 the power has been applied with harshness. Wont send you spam or share your email address with anyone visitors interact the... Deprivation takes place while the person is overseas documents to be returned to war-stricken countries and citizenship. Citizenship to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian.. Website, anonymously an ISIS fighter and had three children, none of whom survived stream these cookies help information. That year from SH to SD deprivation takes place while the person overseas... Help provide information on metrics the number of visitors, bounce rate, traffic source, etc they no! Status of Aliens Act accepted that when SD applied for indefinite leave remain. Citizenship deprivation only happens after very careful consideration of the website children of nationals. 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