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. endstream endobj 620 0 obj <>stream Dont include personal or financial information like your National Insurance number or credit card details. 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. The Bill allows for the Home Office to deprive someone of their citizenship without prior notification but only in exceptional circumstances. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. This Act gives the. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. As held in Pirzada (Deprivation of citizenship: general principles) [2017] UKUT 196 (IAC) the deception must have motivated the acquisition of that Depriving a person of British citizenship without notice is arbitrary not only because it offends the common law (see the case of Anufrijeva above) but also because it violates international legal standards. 6 Flitcroft Street, 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. When encountered by the British, Assam 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. 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. 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. Other teens have been persuaded to go abroad with older men and criminal proceedings have focussed on the adult and not the teenager who is seen as the victim. The 1914 Act 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 Home Office conceded that SD had been granted exceptional leave to remain on the basis that he was a minor from Kosovo for whom there were inadequate reception arrangements in Kosovo. Dont worry we wont send you spam or share your email address with anyone. 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. In the case of SD, a national of Albania born on 3 December 1984. 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. Contact Mark at OTB Legal if Preparing the tailored bundle of evidence that will support your application. SRA number: 824641 Immigration staff guidance on distinguishing between deprivation and nullity of British citizenship status. Necessary cookies are absolutely essential for the website to function properly. However, he explained that he was sorry and that this happened because all of his Home Office papers had been issued in his assumed identity of SH and this was something that he continued to use. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. 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. We are aware this PDF publication may have accessibility issues. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. He has never been arrested or questioned in relation to these claims, nor has he been provided with any evidence which substantiates these claims. He, therefore, had lawful stay in the UK. Well send you a link to a feedback form. As the reasoning goes, if the identity was stolen, the actual applicant never made the application and the nationality should be nullified. [2021] UKUT 238. 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. 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. For these reasons the tribunal was invited to find the discretion afforded by section 140 (3) should be exercised in the appellants favour and that he be permitted to retain his citizenship. I agree to receive your newsletters and accept the data privacy statement. 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. Deprivation of British Citizenship and how to challenge this, Deprivation is conducive to the public good. Have you seen the outcome you were hoping for? During the course of the war with Iraq, he was detained there and held by the British military on security grounds. It is mandatory to procure user consent prior to running these cookies on your website. The cookie is used to store the user consent for the cookies in the category "Performance". %%EOF The Nationality, Immigration and Asylum Act passed in 2002 enabled the government to strip someone of their British citizenship provided they had another nationality. At the end of the Assessment Stage you will have a clear plan as to the range of applications available, the costs involved and how likely you are to get a successful outcome. In the same period on average 17 people a year were deprived of citizenship on the ground of fraud. Britain has long been breaking ground in updating citizenship deprivation powers to the 21st century. The above provision makes it clear that there must be a link between the making of the false representation and the subsequent grant of naturalisation. 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. 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. Applying for British Citizenship (Naturalisation), Applying to register a child as a British Citizen. Authorised and regulated by the Solicitors Regulation Authority with SRA number 644661. Thus, the person had never held this nationality. If you have questions onBritish citizenshipapplications or deprivation, the expert British citizenship andimmigration lawyersatOTS Solicitorscan help. 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. 0 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. 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. We would explain their appeal rights when they make contact with us. 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. A solicitors firm authorised and regulated by the Solicitors Regulation Authority No. 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. Why is Ms Begum different? 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. 13. It is possible to instruct an immigration and visa legal representative to appeal a Deprivation or Nullity of British citizenship claim. 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. ''.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. 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 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. What is Deprivation of British Citizenship? She was a citizen of Bangladesh, but only in the most technical sense. The Application Stage is all about guiding you successfully through the application process with minimal fuss. 628 0 obj <>stream Removal action may occur in those territories when deprivation of citizenship has been directed. 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. It always comes with a right of appeal. Second, further to the latter order, a removal decision or deportation order. Prior to 2006 the power had not been used since 1973. In the event that he loses his right to work, he did not have sufficient savings to sustain himself. This publication is available at https://www.gov.uk/government/publications/nationality-and-borders-bill-deprivation-of-citizenship-factsheet/nationality-and-borders-bill-deprivation-of-citizenship-factsheet. 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)). This cookie is set by GDPR Cookie Consent plugin. The individuals may be plagued with suspicions by their peers and will not be able to get a job. 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. 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. You can change your cookie settings at any time. 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. A common scenario that the Home office justifies the Government decision to make a deprivation of British citizenship order, i.e. 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 Kosovo war lasted from 5 March 1998 to 11 June 1999. This website uses cookies to improve your experience. His citizenship was reinstated after the Home Office accepted he is stateless as a result of having his British citizenship taken away from him. Consequently, his tenants will be forced to vacate their home. 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. Therefore, they would have held their nationality up to the moment they were deprived from it. 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. SD also owned two properties in the UK. There have been numerous high-profile cases of British-born individuals who have been deprived of their citizenship. I explore how it forms part of state responses to national security that are rooted in racist imperialist ideologies. 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. 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. These cookies track visitors across websites and collect information to provide customized ads. Some cookies are essential, whilst others help us improve your experience by providing insights into how the site is being used. 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. 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. However, there was no link between the deception and the grant of naturalisation in that case. 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. Woodcock Law Limited is authorised and regulated by the Solicitors Regulation Authority (registration number 664924). This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. Discussing and agreeing which application type is best for your personal circumstances. Whether discretion should have been exercised differently. 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. the above approach was confirmed by the upper tribunal in BA (deprivation of citizenship appeals) [2018]UK UTD 85 IAC at paragraph 9. Shamima Begum has lost her appeal against the government's decision to remove her British citizenship and remains barred from returning to the UK. This was confirmed by the upper tribunal in Sleiman (deprivation of citizenship; conduct) [2017] UK UTD 36 (IAC), in which the tribunal held that 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. The cookies is used to store the user consent for the cookies in the category "Necessary". 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. 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. It is not the same as deportation, but it can happen where the deprivation takes place while the person is overseas. We also use third-party cookies that help us analyze and understand how you use this website. Although the appellant was just 20 years of age at the time of his application for indefinite leave to remain and in the light of paragraph Chapter 55 of the Home office nationality instructions, he may be regarded as complicit in the concealment of a material fact, the SD it was alleged was still very young and failed to fully appreciate the significance of his actions. 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 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. 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. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". eval(function(p,a,c,k,e,r){e=function(c){return c.toString(a)};if(! SD admitted on appeal that he knew he was not telling the truth on the applications he made as an adult but did not want to rock the boat. The power of citizenship deprivation is in section 40 of the British Nationality Act 1981. 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. If a teen has a child in an overseas holding camp should the child suffer for the sins of the parent? 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. Although a small number of cases attract a lot of media publicity, many of the recent decisions taken involve clients who have no criminal record such as Albanian nationals who obtained refugee status and citizenship on the basis of an asylum claim based on Kosovan identity. 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. In some cases may even be targets of raids, detention without trials and even assassinations. 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. 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. But by 2017 numbers had peaked at 148 people who had their citizenship removed that year. 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. Deprivation of citizenship entails the loss of the right of abode in the UK, alongside many associated and consequential rights, duties, and opportunities. Whilst originally envisaged to cover behaviours such as glorification of terrorism, it appears that the last ground, unacceptable behaviours, indicates a broad scope. 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. 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. The CAA is a tool to grant citizenship to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities. The course adopted by the Secretary of State's decision-making process in these cases therefore contemplates two further stages. Deprivation of British citizenship some history The power has been introduced since the 1914 British Nationality and Status of Aliens Act. We use Sendinblue as our marketing platform. The law governing citizenship deprivation marks out naturalisation and dual nationality potential to confirm that these others will never achieve full membership. 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. 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? The Home Office did not accept that argument. 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. 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. SLc/+ *{'m4IGu4FM'QtdY"65 '6Dxsv"e?q'-w{{r ^FzGTae%{;yu q=;UI]X*KVHiq0Q"8[qGHq4MLmB7ByA!RZ*f9tw7bJ2I!HAK. The government does not routinely publish the total number of people it strips of British citizenship. 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. It does not store any personal data. Please fill in the form and well get back to you as soon as we can. 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 also use third-party cookies that help us analyze and understand how you use this website. 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. 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. 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. Webthey may be left stateless as a result of deprivation. 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. not British-born or those who register to acquire citizenship under other provisions of the 1981 Act); and 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. 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. If you want to take the first step towards getting an outstanding legal service then use the booking form below to schedule an appointment via our online booking system. There was no link between the deception and the grant of naturalisation in that case the outcome you hoping. 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