The person would have to relocate to countries they have not often been before. 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 The above approach was endorsed by the Court of Appeal in Aziz and others the Secretary of State for the Home Department 2018 EW CA C IV 1884, whereby sales LJ held that 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. 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. Second, further to the latter order, a removal decision or deportation order. These cookies will be stored in your browser only with your consent. Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. %PDF-1.5 % 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. 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 It is possible to instruct an immigration and visa legal representative to appeal a Deprivation or Nullity of British citizenship claim. One of the most well known cases is that of Shamima Begum, who was deprived of her citizenship after leaving the UK as a 15-year-old schoolgirl to join Islamic State, and lost her battle to have it restored in February 2021. 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. Contact us by phone on 020 7712 1705 orby email at [emailprotected]. Receiving a detailed and tailored list of the documents to be submitted to the Home Office. Cancelling citizenship is not to be confused with cancelling passports. Citizenship can be removed through an order made by the secretary of state this is most often the Home Secretary. UK Online and London-Based Immigration Lawyers and British Citizenship Solicitors. 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 Dont include personal or financial information like your National Insurance number or credit card details. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. You also have the option to opt-out of these cookies. This Act gives the. The CAA is a tool to grant citizenship to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities. You also have the option to opt-out of these cookies. If a teen has a child in an overseas holding camp should the child suffer for the sins of the parent? If you have questions onBritish citizenshipapplications or deprivation, the expert British citizenship andimmigration lawyersatOTS Solicitorscan help. 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. hb``` ,` l>,qY [ jmfnIjRRm& pI -]'02\,\x"D*A!hP`n`hh74nzB1H=!,z|`a[c1e`1l@ee`20 [N 628 0 obj <>stream 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. 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. In this blog, our immigration solicitors look at the At OTS Solicitors our family lawyers specialise in family law for LGBTQ+ families. 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. You have rejected additional cookies. One can be deprived of HomeAbout UsOur ServicesVisa LibraryResourcesCareersBook a ConsultationContact, Level 37One Canada SquareCanary WharfLondonE14 5AA. Could You be at Risk of Losing Your British Citizenship? 2. 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. However, the Supreme Courts decision rejected this approach in the instance where the false identity is a fake identity, rather than a stolen identity. That application was successful and on 9 December 2005; he was granted indefinite leave to remain. Price - 1,500.00 (inc 20% VAT where applicable). He was told he was an Islamist extremist who had previously sought to travel abroad to participate in terrorism-related activity. " There has been a significant increase in decisions by the Home Office to deprive British Citizens of their Nationality in the past two years. The first case To help us improve GOV.UK, wed like to know more about your visit today. 55.1.2 Part 2 explains in which circumstances a registration or News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. 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 the case of Ms Begum, the court is hearing arguments on the meaning and interpretation of Section 40 of the British Nationality Act 1981. She was a citizen of Bangladesh, but only in the most technical sense. 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. Please fill in the form and well get back to you as soon as we can. First, the making of a formal deprivation of British Citizenship order in each case, in the event of an unsuccessful appeal. 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. 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. However, an evaluative assessment in relation to whether the conduct of a person falls within those words is required. SD also owned two properties in the UK. In the scenario of the above facts, SD would fail to convince a tribunal that he should be able to retain his British citizenship notwithstanding that it was obtained as admitted by him, by fraud. 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. SLc/+ *{'m4IGu4FM'QtdY"65 '6Dxsv"e?q'-w{{r ^FzGTae%{;yu q=;UI]X*KVHiq0Q"8[qGHq4MLmB7ByA!RZ*f9tw7bJ2I!HAK. They went on to say that they knew he was from Albania however and he could potentially be reunited with his family. Southey said deprivation of British citizenship plainly does deprive this citizen of their EU citizenship rights. You have accepted additional cookies. UK Spouse or Partner Indefinite Leave to Remain, Indefinite Leave to Remain 10 Year Rule, Refugee Settlement Indefinite Leave to Remain. 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. Shamima Begum was deprived of her citizenship after leaving the UK as a 15-year-old schoolgirl to join Islamic State, and lost her battle to have it restored. WebThis article places the court cases on cancellation of British citizenship in the context of the wider socio-political debates on citizenship. You have accepted additional cookies. You can change your cookie settings at any time. 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. 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. 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. Deprivation of citizenship entails the loss of the right of abode in the UK, alongside many associated and consequential rights, duties, and opportunities. These cookies ensure basic functionalities and security features of the website, anonymously. 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. If they are overseas, they cannot re-enter the UK using a British passport. The CAA is a tool to grant citizenship to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities. 3.4 4.Foreseeable Consequences. 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. 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. An individual can seek to exercise their statutory right of appeal against the decision - even if not aware of their deprivation at the time. It will take only 2 minutes to fill in. The cookie is used to store the user consent for the cookies in the category "Other. Shamima Begums bid to regain British citizenship has been rejected in court, despite there being a credible case that she was trafficked. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. One of the questions that goes to the heart of the current case is the meaning of satisfied given the speed of the decision made by the then Home Secretary, Savid Javid. Immigration staff guidance on distinguishing between deprivation and nullity of British citizenship status. McKinney found that since 2006, 175 people have been deprived of their citizenship on national security grounds, and 289 because of fraud. 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. He has never been arrested or questioned in relation to these claims, nor has he been provided with any evidence which substantiates these claims. This cookie is set by GDPR Cookie Consent plugin. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. ''.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. 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