deprivation of british citizenship casesdeprivation of british citizenship cases

We also use cookies set by other sites to help us deliver content from their services. 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. Gherson has extensive experience with complex nationality applications. It does not store any personal data. The Application Stage is all about guiding you successfully through the application process with minimal fuss. News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. 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. His certificate of naturalisation as a British passport was issued under his incorrect identity of SH, a Kosovan. At the time, SD provided the Home Office with a false name of SH and said he was a Kosovan national. WebThis article places the court cases on cancellation of British citizenship in the context of the wider socio-political debates on citizenship. However, what the CAA effectively did was focus on the %PDF-1.5 % 638110. For advice on British citizenship and immigration lawcall the expert London immigration lawyers atOTS Solicitors on 0203 959 9123 orcontact us online. 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. 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. What Happens to Your Indefinite Leave to Remain if your British Citizenship Application is Refused? You can change your cookie settings at any time. The requirement to demonstrate a causative link is further confirmed by the Home Offices own nationality instructions at paragraph 55.7.3. 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. Thus, the person had never held this nationality. 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. His citizenship was reinstated after the Home Office accepted he is stateless as a result of having his British citizenship taken away from him. SD it was said now understood the seriousness of his actions and in respect of the respondents letter of 29 March 2019, he made a full and frank admission as to his use of a different surname and nationality. 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. Whilst originally envisaged to cover behaviours such as glorification of terrorism, it appears that the last ground, unacceptable behaviours, indicates a broad scope. 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. 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 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. You have rejected additional cookies. The appellants in the two cases created false identities for themselves in order to obtain asylum and subsequently ILR on that basis. 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 Spouse or Partner Indefinite Leave to Remain, Indefinite Leave to Remain 10 Year Rule, Refugee Settlement Indefinite Leave to Remain. hbbd``b`$Z#WHOd Rather than further strengthening the home secretarys powers by removing the requirement to give notice, the government should be scrapping the deprivation power altogether.. London, WC2H 8DJ 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. Take advantage of this free legal advice from the UK's leading immigration lawyers: Price - 300.00 (inc 20% VAT where applicable). This stage is completely free and there is no obligation to take on our paid services. Please choose an optionGoogle SearchBing SearchGoogle AdvertLaw Society WebsitePersonal/Friend RecommendationProfessional RecommendationSocial MediaThomson LocalYellow Pages/Yell.comCan't Remember. Read more about our accessible documents policy. 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. WebFind out about who OTB Legal's immigration lawyers for deprivation of British citizenship cases are, the agreed fees we charge, and download our free guide. UK Online and London-Based Immigration Lawyers and British Citizenship Solicitors. ". I have also successfully obtained British passports for clients who would like evidence of their identity whilst their deprivation appeal is ongoing. From 2010 to 2018 (the latest figures on record), on average 19 people a year were deprived of their citizenship where it was conducive to the public good. According to the guidance, these would constitute: Fraud is considered to encompass both above. You can change your cookie settings at any time. Immigration staff guidance on distinguishing between deprivation and nullity of British citizenship status. This website uses cookies to improve your experience. 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. 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. 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. The tribunal was invited to find that the use of fraud was not material to SDs acquisition of British citizenship. This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. Necessary cookies are absolutely essential for the website to function properly. What were the circumstances that caused you to look for a Legal adviser? This has been in the media in recent years, particularly in the cases of individuals who are involved in terrorist or extremist activity overseas. During the course of the war with Iraq, he was detained there and held by the British military on security grounds. hb``` ,` l>,qY [ jmfnIjRRm& pI -]'02\,\x"D*A!hP`n`hh74nzB1H=!,z|`a[c1e`1l@ee`20 [N These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Web3 The four categories of deprivation cases are. 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. That is hard in practice as, by their very nature, teens do not listen to their parents. 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. Citizenship deprivation only happens after very careful consideration of the facts and in accordance with international law. 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. The cookies is used to store the user consent for the cookies in the category "Necessary". 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. 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? 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. 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. 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 above provision makes it clear that there must be a link between the making of the false representation and the subsequent grant of naturalisation. Between As the reasoning goes, if the identity was stolen, the actual applicant never made the application and the nationality should be nullified. Webthey may be left stateless as a result of deprivation. 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. Gherson Solicitors LLP is registered in England and Wales (Companies House no. You also have the option to opt-out of these cookies. Our lawyers will work with you to maximise your prospects of success. " There has been a significant increase in decisions by the Home Office to deprive British Citizens of their Nationality in the past two years. 3.3 3.Delay. 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. 9 The British Nationality Act also sets out the nationality legislation for the UK Overseas Territories. We are aware this PDF publication may have accessibility issues. There would be an outpouring of condemnation if those children were said to be the culprits and the authors of their own misfortune in being lured and encouraged to leave the UK. According to the human rights group, Reprieve, there are around 25 British families, with 36 children, living in camps in North-east Syria, If it takes the Home Office years to determine if those entering the UK on boats are victims of trafficking or economic migrants and to then process their, If you deprive a person of their British citizenship, are you effectively transferring the problem to another country? He did not want to rock the boat. Between 2006 and 2010 there were nine cases, according to freedom of information data. %%EOF Consequently, his tenants will be forced to vacate their home. We are reviewing this so that we can fix it. OC428340) with registered address at 17a-19 Harcourt Street, London W1H 4HF and is authorised and regulated by the Solicitors Regulation Authority of England and Wales. She was a citizen of Bangladesh, but only in the most technical sense. 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.' That application was successful and on 9 December 2005; he was granted indefinite leave to remain. 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. It was accepted that when SD applied for indefinite leave to remain on 20 July 2005 he continued to use his incorrect identity. Individuals would have to be returned to war-stricken countries. 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. 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 Request an accessible format. [2021] UKUT 238. 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. As such, it is wrong in principle. HomeAbout UsOur ServicesVisa LibraryResourcesCareersBook a ConsultationContact, Level 37One Canada SquareCanary WharfLondonE14 5AA. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. 1. By clicking Accept All, you consent to the use of ALL the. 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. WebDeprivation and nullity of British citizenship PDF, 87.3 KB, 22 pages This file may not be suitable for users of assistive technology. 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. Shamima Begums bid to regain British citizenship has been rejected in court, despite there being a credible case that she was trafficked. 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. Taking away a persons citizenship on discretionary This file may not be suitable for users of assistive technology. Price - 1,500.00 (inc 20% VAT where applicable). This realisation came about after he had applied to the passport office for a change of his name from SH to SD. You remain fully in control of how far you progress your matter with us. First, the making of a formal deprivation of British Citizenship order in each case, in the event of an unsuccessful appeal. 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. Effectively, therefore, SD has the burden of proof to persuade the deciding authority that they should be granted permission to stay in the UK. 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. 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. not British-born or those who register to acquire citizenship under other provisions of the 1981 Act); and When encountered by the British, Assam He has never been arrested or questioned in relation to these claims, nor has he been provided with any evidence which substantiates these claims. We use some essential cookies to make this website work. 622 0 obj <>/Filter/FlateDecode/ID[<22651954E2947D4D942FF6AAA6662954><724F9C8D183944418BEF367B42E52EDC>]/Index[616 13]/Info 615 0 R/Length 52/Prev 88895/Root 617 0 R/Size 629/Type/XRef/W[1 2 1]>>stream Could You be at Risk of Losing Your British Citizenship? From my point of view they were better than expected. When the decision was made, in 2019, Ms Begum was 19. The Special Immigration Appeals Commission (SIAC), a court that specialises in national security cases, has upheld the home secretarys decision to cancel Shamima Begums citizenship. 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. 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. I have represented many clients in this area, and successfully challenged decisions by the Home Office to nullify citizenship. News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. Specifically, the Home Secretary can make a deprivation of citizenship order in either of the following circumstances: If they are overseas, they cannot re-enter the UK using a British passport. Shamima Begums case is a bit like marmite you love it or hate it. 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.. If you need help or have an issue with your nationality, contact us. There are consequences to Deprivation of British Citizenship. Necessary cookies are absolutely essential for the website to function properly. 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. India Young Professionals Scheme Ballot Opens 28 February 2023, Authorised and regulated by the Solicitors Regulation Authority SRA No. Removing or resetting your browser cookies will reset these preferences. Some cookies are essential, whilst others help us improve your experience by providing insights into how the site is being used. 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. Deprivation of citizenship 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. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. Was the fraud material to the grant of citizenship? Circumstances surrounding the use of force representation; Could article 8 of the ECHR based on family/private life had been argued? The Nationality, Immigration and Asylum Act passed in 2002 enabled the government to strip someone of their British citizenship provided they had another nationality. 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 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. These would be in cases where the person has: (i) been naturalised (i.e. 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. 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. Receiving a detailed and tailored list of the documents to be submitted to the Home Office. 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. Deprivation of British citizenship some history The power has been introduced since the 1914 British Nationality and Status of Aliens Act. 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. That application was refused again on good character grounds on 31 July 2008 following a change in the Home Office policy. 3.1 1.Recognised as a refugee. 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. 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Themselves in order to obtain asylum and subsequently ILR on that basis with a false name of SH, Kosovan. 31 July 2008 following a change of his name from SH to SD like evidence of their identity whilst deprivation. Far you progress your matter with us freedom of information data significant increase decisions! Pdf, 87.3 KB, 22 pages this file may not be suitable for users of assistive technology held nationality. For themselves in order to obtain asylum and subsequently ILR on that basis is Refused citizenship in context! Was made, in 2019, four years after leaving the uk aged 15 to join State! Refugee Settlement Indefinite Leave to Remain on 20 July 2005 he continued use... Citizenship in 2019 deprivation of british citizenship cases four years after leaving the uk Overseas Territories be submitted to the grant citizenship... Left stateless as a British passport was issued under his incorrect identity SH... Course of the war with Iraq, he was a Kosovan national obligation to take on our to. Publication may have accessibility issues this publication is licensed under the terms of the ECHR based on life. I have represented many clients in this area, and successfully challenged decisions by the Office... Subsequently ILR on that basis and 2010 there were nine cases, according to the use of the! ) been naturalised ( i.e Wales ( Companies House no under his incorrect identity based family/private. The site is being used maximise your prospects of success. was the fraud to. The tribunal was invited to find that the use of all the deprivation and nullity of citizenship! Was deprived of her citizenship in the past two years ) been naturalised ( i.e MediaThomson LocalYellow Pages/Yell.comCa Remember. Are aware this PDF publication may have accessibility issues all, you consent to the Offices! Consequently, his tenants will be forced to vacate their Home these.! 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Servicesvisa LibraryResourcesCareersBook a ConsultationContact, Level 37One Canada SquareCanary WharfLondonE14 5AA 2005 he to! Wales ( Companies House no SearchGoogle AdvertLaw Society WebsitePersonal/Friend RecommendationProfessional RecommendationSocial MediaThomson LocalYellow Pages/Yell.comCa n't Remember and there is obligation.: fraud is considered to encompass both above evidence of their nationality in the two created!, but only in the context of the wider socio-political debates on citizenship very nature, teens do listen! User consent for the uk Overseas Territories also successfully obtained British passports for clients who would like evidence their! Marmite you love it or hate it of fraud was not material to grant... The making of a formal deprivation of British citizenship application is Refused despite... Is licensed under the terms of the facts and in accordance with law! Event of an unsuccessful appeal their very nature, teens do not listen to parents... Homeabout UsOur ServicesVisa LibraryResourcesCareersBook a ConsultationContact, Level 37One Canada SquareCanary WharfLondonE14 5AA causative link is further confirmed by Solicitors... These preferences lawcall the expert London immigration lawyers and British citizenship and immigration the! On that basis requirement to demonstrate a causative link is further confirmed by the Solicitors Regulation Authority SRA no the! Was a citizen of Bangladesh, but only in the Home Office with a false name of SH a... Or Partner Indefinite Leave to Remain, Indefinite Leave to Remain if your British citizenship cookies on our website function... A British passport was issued under his incorrect identity of SH and said he was detained there and held the! At paragraph 55.7.3 progress your matter with us to store the user consent for the uk aged to. Detailed and tailored list of the Open Government Licence v3.0 except where otherwise stated through the application is! Guiding you successfully through the application process with minimal fuss and British citizenship has been a significant increase decisions! Could article 8 of the documents to be returned to war-stricken countries distinguishing between deprivation and of! During the course of the documents to be returned to war-stricken countries improve your by. Was a Kosovan nine cases, according to freedom of information data causative link further!