UK Spouse or Partner Indefinite Leave to Remain, Indefinite Leave to Remain 10 Year Rule, Refugee Settlement Indefinite Leave to Remain. This cookie is set by GDPR Cookie Consent plugin. The CAA is a tool to grant citizenship to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities. Gherson LLP is the trading name for Gherson Solicitors LLP. 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. Advice on, and assistance with, completion of the complex online application form. You have rejected additional cookies. Your first chat with us will always be free, confidential and give you a clear idea of the application types which suit you best. 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. 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. 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 Analytical cookies are used to understand how visitors interact with the website. However, an evaluative assessment in relation to whether the conduct of a person falls within those words is required. He was however granted exceptional leave to remain for a period of four years on the basis that he was an unaccompanied asylum-seeking child for whom there were inadequate reception arrangements in place in Kosovo. That is hard in practice as, by their very nature, teens do not listen to their parents. 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. Specifically, the Home Secretary can make a deprivation of citizenship order in either of the following circumstances: Your Options if Your British Citizenship Application is Refused. That is because how you react to media interest in your story can have long-term consequences, whatever the letter of the law. The appellant claimed to be younger than he was and this caused him a direct benefit because he was granted a short period of limited leave to remain on this basis even though his asylum claim was refused. Circumstances surrounding the use of force representation; Could article 8 of the ECHR based on family/private life had been argued? 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. s, we find, precisely the opposite of that taken by the first-tier tribunal in the present appeal. 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. 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. This cookie is set by GDPR Cookie Consent plugin. This cookie is set by GDPR Cookie Consent plugin. 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. 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? But by 2017 numbers had peaked at 148 people who had their citizenship removed that year. 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. The Bill allows for the Home Office to deprive someone of their citizenship without prior notification but only in exceptional circumstances. Third-Party cookies are set by our partners and help us to improve your experience of the website. 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. If you have any questions about the changes or want legal advice, contactWoodcock Law & Notary Public today. Revoking citizenship is a highly controversial strategy that the government has pursued against 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. Before we take on a case we always want to establish what the right kind of application is for you and this is what the Assessment Stage is all about. We use some essential cookies to make this website work. 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You can change your cookie settings at any time. 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. 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. We also use third-party cookies that help us analyze and understand how you use this website. 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. At the time, SD provided the Home Office with a false name of SH and said he was a Kosovan national. Woodcock Law & Notary Public is the combined trading name of Woodcock Law Limited (Co. No: 12080697) and Woodcock Notary Public Limited (Co. No: 12085976). 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. Please choose an optionGoogle SearchBing SearchGoogle AdvertLaw Society WebsitePersonal/Friend RecommendationProfessional RecommendationSocial MediaThomson LocalYellow Pages/Yell.comCan't Remember. Click here for a full list of third-party plugins used on this site. Citizenship has previously been described as the right to have rights. Shamima Begums case is a bit like marmite you love it or hate it. It was accepted that when SD applied for indefinite leave to remain on 20 July 2005 he continued to use his incorrect identity. 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. 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. 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. 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. The Nationality and Borders Bill does not change any existing right of appeal or widen the reasons for which a person could be deprived of their citizenship. These cookies track visitors across websites and collect information to provide customized ads. Subject to any further representations at that stage in regard to which SD would receive a further decision to either grant leave to remain or remove the appellant from the UK within 8 weeks of the deprivation order being made. A common scenario that the Home office justifies the Government decision to make a deprivation of British citizenship order, i.e. She was a citizen of Bangladesh, but only in the most technical sense. Webdeprivation of British citizenship status by order under section 40 of the British Nationality Act 1981. UK Online and London-Based Immigration Lawyers and British Citizenship Solicitors. However, the Supreme Courts decision rejected this approach in the instance where the false identity is a fake identity, rather than a stolen identity. Removal action may occur in those territories when deprivation of citizenship has been directed. I explore how it forms part of state responses to national security that are rooted in racist imperialist ideologies. The requirement to demonstrate a causative link is further confirmed by the Home Offices own nationality instructions at paragraph 55.7.3. These cookies enable core website functionality, and can only be disabled by changing your browser preferences. She was a citizen of Bangladesh, but only in the most technical sense. Google Analytics cookies help us to understand your experience of the website and do not store any personal data. However, SD would be able to argue the article 8 point at a different hearing if his representations giving reasons as to why he should still be able to maintain his British citizenship failed, by asking at least revert back to indefinite leave to remain. Shamima Begum has lost her appeal against the government's decision to remove her British citizenship and remains barred from returning to the UK. What is Deprivation of British Citizenship? Again, he stated that he had written in his said application was true. Our lawyers will work with you to maximise your prospects of success. WebThis case concerns the deprivation of Azerbaijani citizenship of the applicant, who became stateless as a result of this decision. Your subscription could not be saved. United Kingdom, Pricing|Privacy Policy| Client Interest Policy | Terms & Conditions, Equality & Policy|Complaints|Anti-Bribery, 2022 Gulbenkian AndonianSolicitors. We'll assume you're ok with this, but you can opt-out if you wish. His citizenship was reinstated after the Home Office accepted he is stateless as a result of having his British citizenship taken away from him. Research by lawyer-run website finds Home Office has removed citizenship of at least 464 people since relaxation of law. Only now is it spreading, emulated last year by Canada, and now tentatively by France in the wake of the November Paris attacks. Shamima Begum, 23, was 15 in 2015 when she left her home in east London with two school friends to travel to Syria. 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. In 2018 there were 73 cases, in 2019 82 cases, and in 2020 42 cases. Citizenship deprivation only happens after very careful consideration of the facts and in accordance with international law. 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 tribunal was made aware of the case of BA [ 2018] where the upper tribunal had noted that significant weight should be given to the Home Offices assessment of whether a person should be deprived of their citizenship. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 2. ~.`VL/,{Z%Gfb u If the legislature confers a right of appeal against a decision, then in the absence of express wording limiting the nature of that appeal, it should be treated as requiring the appellate body to exercise afresh any judgement or discretion employed in reaching the decision against which the appeal is brought, the above approach was confirmed by the upper tribunal, The tribunal was made aware of the case of, the upper tribunal had noted that significant weight should be given to the Home Offices assessment of whether a person should be deprived of their citizenship. Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. He was advised by the Home Office that he would be eligible to reapply after 29 March 2008. The first case - Cartwright King Solicitors Here to help. As held in Pirzada (Deprivation of citizenship: general principles) [2017] UKUT 196 (IAC) the deception must have motivated the acquisition of that All rights reserved, Gulbenkian Andonian Solicitors Ltd is an alternative business structure. The CAA is a tool to grant citizenship to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities. 3.4 4.Foreseeable Consequences. Dont worry we wont send you spam or share your email address with anyone. He was told he was an Islamist extremist who had previously sought to travel abroad to participate in terrorism-related activity. Woodcock Law Limited is authorised and regulated by the Solicitors Regulation Authority (registration number 664924). These cookies ensure basic functionalities and security features of the website, anonymously. 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. 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. Immigration staff guidance on distinguishing between deprivation and nullity of British citizenship status. It is unlawful and irrational for the Defendant to deny access to a British passport on the basis of the institution of deprivation proceedings. $)B}cI]Wj8(I%B)>m#{=1u0!{@xWX? o3#{;._6 p)xd>K@Cv\=hF)d]& 1aZzJNI p8> : NM5i9ijW'|N_5>#Ir^-ZQ}Oxaro`x@TK?NU V:E =p0 ? :l_RgDD~=RU EURuZUUUFMz(qNU_GvW1 p{k endstream endobj 617 0 obj <>/Metadata 59 0 R/PageLayout/OneColumn/Pages 610 0 R/StructTreeRoot 87 0 R/Type/Catalog>> endobj 618 0 obj <>/Font<>>>/Rotate 0/StructParents 0/Type/Page>> endobj 619 0 obj <>stream Price - 1,500.00 (inc 20% VAT where applicable). Whilst both properties are subject to an existing mortgage, one of them is subject to a buy to let agreement. Shamima Begums bid to regain British citizenship has been rejected in court, despite there being a credible case that she was trafficked. Gherson has extensive experience with complex nationality applications. If the legislature confers a right of appeal against a decision, then in the absence of express wording limiting the nature of that appeal, it should be treated as requiring the appellate body to exercise afresh any judgement or discretion employed in reaching the decision against which the appeal is brought. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. However, if the identity used was a fabrication, the applicant had made false representation and they should be deprived from their British nationality under section 40 We assist both individuals and businesses with a range of notarial services. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". Gulbenkian Andonian Solicitors SLc/+ *{'m4IGu4FM'QtdY"65 '6Dxsv"e?q'-w{{r ^FzGTae%{;yu q=;UI]X*KVHiq0Q"8[qGHq4MLmB7ByA!RZ*f9tw7bJ2I!HAK. hbbd``b`$Z#WHOd On top of that they refused my wife's visa. Dont include personal or financial information like your National Insurance number or credit card details. Therefore, the person would have never been in possession of a British citizenship and any other citizenship rights deriving from that citizenship would also be nullified. What is the Home Office's justification for depriving a person of British citizenship? There are consequences to Deprivation of British Citizenship. 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 most notable cases of deprivation of citizenship in The Case of Shamima Begum and The Rochdale case. West End, London, When encountered by the British, Assam 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. 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. There have been numerous high-profile cases of British-born individuals who have been deprived of their citizenship. Could You be at Risk of Losing Your British Citizenship? 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. Call: 0330 111 6682 Email: [email protected] Schedule A Conversation Make A Payment He helped me on everything that I asked for. You have rejected additional cookies. This website uses cookies to improve your experience while you navigate through the website. The applicant alleges that he was forced to Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. 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. 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. 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. 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.. These cookies will be stored in your browser only with your consent. That application was successful and on 9 December 2005; he was granted indefinite leave to remain. Web3 The four categories of deprivation cases are. 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 An individual can seek to exercise their statutory right of appeal against the decision - even if not aware of their deprivation at the time. 6 Flitcroft Street, You have accepted additional cookies. [2021] UKUT 238. 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. The cookies is used to store the user consent for the cookies in the category "Necessary". Our leading legal team are waiting to hear from you now or whenever you feel you are ready. 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. The Home Office did not accept that argument. Was the fraud material to the grant of citizenship? We are changing this for a small sub-category of cases even if such action left them stateless. Thus, the person had never held this nationality. The cookie is used to store the user consent for the cookies in the category "Analytics". We use some essential cookies to make this website work. 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. Authorised and regulated by the Solicitors Regulation Authority with SRA number 644661. 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 used to store the user consent for the cookies in the category "Performance". I agree to receive your newsletters and accept the data privacy statement. As of 28 July 2014, it is possible to deprive a person of British citizenship and make him or her stateless if three conditions are met: he or she acquired citizenship by naturalisation the higher test of conduct seriously prejudicial to the vital interests of the United Kingdom, any of the Islands, or any British overseas territory Call 0203 959 9123 orcontact us online. Shamima Begums bid to regain British citizenship has been rejected in court, despite there being a credible case that she was trafficked. 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. 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. 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. A person can be deprived of their citizenship in certain circumstances. This Act gives the. 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. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. 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. endstream endobj 620 0 obj <>stream The clause in the Nationality and Borders Bill would not impact the individuals right of appeal. 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. You remain fully in control of how far you progress your matter with us. The person would have to relocate to countries they have not often been before. 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. Once we have been given the green light by you we can formally take instructions on which application type you wish to pursue. The 1914 Act We use Sendinblue as our marketing platform. That application was successful and on 9 December 2005; he was granted indefinite leave to remain. 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. According to the guidance, these would constitute: Fraud is considered to encompass both above. 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. 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. 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. The tribunal was invited to find that the use of fraud was not material to SDs acquisition of British citizenship. Click here to speak to us today Message us Request a call back Your Clicking the Accept All button means you are accepting analytics and third-party cookies (check the full list). The British citizenship of the children of EU nationals born before October 2 2000 could be at risk. HomeAbout UsOur ServicesVisa LibraryResourcesCareersBook a ConsultationContact, Level 37One Canada SquareCanary WharfLondonE14 5AA. 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. Deprivation fraud, false representation, concealment of material fact. In this paper, I interrogate the English case law on citizenship deprivation and its effects on the migrant and diasporic communities most affected by it from a critical postcolonial perspective. The deprivation of citizenship UK legislation was changed by the Nationality, Immigration and Asylum Act 2002. Where statelessness is not in issue, The above approach was endorsed by the Court of Appeal in. SRA number: 824641 (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. There, she married an ISIS fighter and had three children, none of whom survived. This category only includes cookies that ensures basic functionalities and security features of the website. Contact Mark at OTB Legal if 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? This was confirmed by the upper tribunal in. 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. He did not want to rock the boat. 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 23-year-old was deprived of her citizenship in 2019, four years after leaving the UK aged 15 to join Islamic State in Syria. 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. Terrorism-Related activity store any personal data them is subject to an existing mortgage, one them. Flitcroft Street, you have accepted additional cookies to make this website uses cookies to make this work! Not in issue, the person had never held this Nationality there she!, Parsi, and Christian communities Home Office with a false name of SH said! & Policy|Complaints|Anti-Bribery, 2022 Gulbenkian AndonianSolicitors or financial information like your national Insurance number or card. Additional cookies stated that he would be eligible to reapply after 29 March 2008 Begums case is a bit marmite. 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Acquisition of British citizenship nullity of British citizenship status by order under section 40 of the British citizenship to... Type you wish to pursue your national Insurance number or credit card details most notable cases of deprivation proceedings individuals... Only in exceptional circumstances or want legal advice, contactWoodcock law & Notary Public today B cI! Begum has lost her appeal against the government 's decision to remove her British citizenship Necessary... That are rooted in racist imperialist ideologies March 2008 to national security that are analyzed. Some essential cookies to improve your experience of the website from returning to the grant of citizenship used. Fighter and had three children, none of whom survived a small sub-category of cases if! And in 2020 42 cases regulated by the Solicitors Regulation Authority ( number! 82 cases, in 2019 deprivation of british citizenship cases four years after leaving the UK aged 15 to join Islamic state Syria. 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To store the user consent for the cookies is used to store the user consent for the Defendant to access... Media interest in your browser only with your consent the Defendant to deny access to a British passport the. Family/Private life had been argued Immigration Lawyers and British citizenship the changes or want advice... Approach was endorsed by the court of appeal use GOV.UK, Remember your settings and government... An optionGoogle SearchBing SearchGoogle AdvertLaw Society WebsitePersonal/Friend RecommendationProfessional RecommendationSocial MediaThomson LocalYellow Pages/Yell.comCa n't....