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. The British citizenship of the children of EU nationals born before October 2 2000 could be at risk. Specifically, the Home Secretary can make a deprivation of citizenship order in either of the following circumstances: " There has been a significant increase in decisions by the Home Office to deprive British Citizens of their Nationality in the past two years. If you have questions onBritish citizenshipapplications or deprivation, the expert British citizenship andimmigration lawyersatOTS Solicitorscan help. At. 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. UK Online and London-Based Immigration Lawyers and British Citizenship Solicitors. %%EOF 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. In the same period on average 17 people a year were deprived of citizenship on the ground of fraud. You can learn more detailed information in our Privacy Policy. We are reviewing this so that we can fix it. 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. 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 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. Deprivation of citizenship where it is conducive to the public good is reserved for those who pose a threat to the UK or whose conduct involves very high harm, for example in response to activities such as those involving: In such cases the power is used sparingly and complies with the UN Convention on the Reduction of Statelessness. 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. On appeal against a decision to deprive him of his British nationality, SD said that he now realised the significance of his mistake for which he was extremely remorseful. Check benefits and financial support you can get, Find out about the Energy Bills Support Scheme, Nationality and Borders Bill: Deprivation of Citizenship factsheet. Remember the cases of schoolgirls leaving the UK with their schoolteachers or friends met online? 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. However, the Supreme Courts decision rejected this approach in the instance where the false identity is a fake identity, rather than a stolen identity. She had provisional citizenship As held in Pirzada (Deprivation of citizenship: general principles) [2017] UKUT 196 (IAC) the deception must have motivated the acquisition of that In 2013 both Mr Hysaj and Mr Bakijasi had their citizenships nullified. What were the circumstances that caused you to look for a Legal adviser? (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. If you need help or have an issue with your nationality, contact us. As the reasoning goes, if the identity was stolen, the actual applicant never made the application and the nationality should be nullified. 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. 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. WebThis undesirability traditionally belongs to marginalized groups in British society, such as women, ethnic minorities, and wage workers, rather than men, Caucasians, and property owners, who are deemed active exemplary agents in terms of citizenship ( Glenn 2000 ). 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. They deprive my citizenship and indefinite leave. You have accepted additional cookies. 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. This cookie is set by GDPR Cookie Consent plugin. He was advised by the Home Office that he would be eligible to reapply after 29 March 2008. 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 CAA is a tool to grant citizenship to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. Where the Secretary of State (SoS) is satisfied that the registration or naturalisation was obtained by means of: Fraud, False representation and Concealment of a material fact, the citizenship of a person can be deprived. 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. First Floor,6 Flitcroft Street, Woodcock Law Limited is authorised and regulated by the Solicitors Regulation Authority (registration number 664924). Preparing the tailored bundle of evidence that will support your application. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. If a teen has a child in an overseas holding camp should the child suffer for the sins of the parent? India Young Professionals Scheme Ballot Opens 28 February 2023, Authorised and regulated by the Solicitors Regulation Authority SRA No. This category only includes cookies that ensures basic functionalities and security features of the website. This realisation came about after he had applied to the passport office for a change of his name from SH to SD. We are aware this PDF publication may have accessibility issues. Your first chat with us will always be free, confidential and give you a clear idea of the application types which suit you best. 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. I agree to receive your newsletters and accept the data privacy statement. He was told he was an Islamist extremist who had previously sought to travel abroad to participate in terrorism-related activity. For a fixed fee of 300.00 (which includes 20% VAT where applicable) you will benefit from: In this stage you will gain a clear strategy on how to move things forward. To help us improve GOV.UK, wed like to know more about your visit today. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Dont worry we wont send you spam or share your email address with anyone. We also use cookies set by other sites to help us deliver content from their services. On 28 April 2011 SD submitted a further application for naturalisation in his false identity. Effectively, therefore, SD has the burden of proof to persuade the deciding authority that they should be granted permission to stay in the UK. The appellant had been in this country for some 18 years. 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. Dont include personal or financial information like your National Insurance number or credit card details. 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. 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. Even countries where they have no regard to Human rights. The Secretary of State will only be empowered to deprive under this provision if the fraud, false representation or concealment of material fact was directly material to the decision to grant citizenship. We also use third-party cookies that help us analyze and understand how you use this website. Woodcock Law & Notary Public is the combined trading name of Woodcock Law Limited (Co. No: 12080697) and Woodcock Notary Public Limited (Co. No: 12085976). The cookie is used to store the user consent for the cookies in the category "Analytics". 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. In some cases may even be targets of raids, detention without trials and even assassinations. 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. 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. When the decision was made, in 2019, Ms Begum was 19. In the event that he loses his right to work, he did not have sufficient savings to sustain himself. She was a citizen of Bangladesh, but only in the most technical sense. 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. 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. Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. 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. If they are overseas, they cannot re-enter the UK using a British passport. While the UK government has argued that deprivation of British citizenship does not leave her stateless due to her eligibility for Bangladeshi Concealment of material fact means operative concealment, i.e. 2. We find out more about you and what you want to achieve. I have also successfully obtained British passports for clients who would like evidence of their identity whilst their deprivation appeal is ongoing. We use some essential cookies to make this website work. 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. Why does the immigration history of a teens parents affect whether the teen can lose their British citizenship? Contact us by phone on 020 7712 1705 orby email at [emailprotected]. London, WC2H 8DJ Again, he stated that he had written in his said application was true. 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. ~.`VL/,{Z%Gfb u the above approach was confirmed by the upper tribunal in BA (deprivation of citizenship appeals) [2018]UK UTD 85 IAC at paragraph 9. When the decision was made, in 2019, Ms Begum was 19. 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. 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. Gherson LLP is the trading name for Gherson Solicitors LLP. Webduly acquired British citizenship by naturalisation; as a consequence, he lost his Iraqi citizenship by operation of law. Second, further to the latter order, a removal decision or deportation order. 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 Special Immigration Appeals Commission (SIAC), a court that specialises in national security cases, has upheld the home secretarys decision to cancel Shamima Begums citizenship. 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. eval(function(p,a,c,k,e,r){e=function(c){return c.toString(a)};if(! WebDeprivation on conducive grounds may also be taken against individuals who have been British from birth. What does the Nationality and Borders Bill do in relation to deprivation of citizenship? 628 0 obj <>stream Following further representations as to why SD should be able to remain in the UK nevertheless on human rights grounds and revert back to his ILR status, these will be considerations between ST and his solicitors in the form of further representations. Prior to 2006 the power had not been used since 1973. Web3 The four categories of deprivation cases are. What could they have done better? 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. $)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 Your Options if Your British Citizenship Application is Refused. Was the fraud material to the grant of citizenship? All rights reserved, Gulbenkian Andonian Solicitors Ltd is an alternative business structure. 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 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. 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. Shamima Begums case is a bit like marmite you love it or hate it. For example, a Venezuelan claiming they are a Colombian or a Kosovan who has claimed that he/she is an Albanian to enter the UK by using a false name, false date of birth and further false details in their initial application. But opting out of some of these cookies may affect your browsing experience. This cookie is set by GDPR Cookie Consent plugin. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. Deprivation of British Citizenship and how to challenge this, Deprivation is conducive to the public good. Whilst originally envisaged to cover behaviours such as glorification of terrorism, it appears that the last ground, unacceptable behaviours, indicates a broad scope. The first case nationalarchives.gov.uk/doc/open-government-licence/version/3, national security including espionage and acts of terrorism, unacceptable behaviour such as the glorification of terrorism. 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. This website uses cookies to improve your experience. 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. At the time, SD provided the Home Office with a false name of SH and said he was a Kosovan national. Shamima Begum, 23, was 15 in 2015 when she left her home in east London with two school friends to travel to Syria. That is hard in practice as, by their very nature, teens do not listen to their parents. You have rejected additional cookies. Analytical cookies are used to understand how visitors interact with the website. Dont worry we wont send you spam or share your email address with anyone. 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: . Why is Ms Begum different? In the case of SD, a national of Albania born on 3 December 1984. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". 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 The deception in the above case was to mislead the authorities about age on arrival in the UK. That is because how you react to media interest in your story can have long-term consequences, whatever the letter of the law. Case title: Ciceri (deprivation of citizenship appeals: principles) Appellant name: Ciceri Status of case: Reported Hearing date: 30 Jun 2021 Promulgation date: 8 Sep 2021 Publication date: 16 Sep 2021 Last updated on: 30 Sep 2022 Country: Albania Judges: The Hon. 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. 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. 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. 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.. There have been numerous high-profile cases of British-born individuals who have been deprived of their citizenship. The cookies is used to store the user consent for the cookies in the category "Necessary". Citizenship can be removed through an order made by the secretary of state this is most often the Home Secretary. It also explains in which circumstances a registration or naturalisation may be a nullity. Clicking the Accept All button means you are accepting analytics and third-party cookies (check the full list). hb``` ,` l>,qY [ jmfnIjRRm& pI -]'02\,\x"D*A!hP`n`hh74nzB1H=!,z|`a[c1e`1l@ee`20 [N 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. 1. 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 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. Obtaining clear written advice in plain language on the legal issues. The requirement to demonstrate a causative link is further confirmed by the Home Offices own nationality instructions at paragraph 55.7.3. 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. These cookies ensure basic functionalities and security features of the website, anonymously. 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. 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. 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. Advice on, and assistance with, completion of the complex online application form. The Nationality, Immigration and Asylum Act passed in 2002 enabled the government to strip someone of their British citizenship provided they had another nationality. These would be in cases where the person has: (i) been naturalised (i.e. United Kingdom, Pricing|Privacy Policy| Client Interest Policy | Terms & Conditions, Equality & Policy|Complaints|Anti-Bribery, 2022 Gulbenkian AndonianSolicitors. 9 The British Nationality Act also sets out the nationality legislation for the UK Overseas Territories. Dont include personal or financial information like your National Insurance number or credit card details. It is very difficult to challenge these decisions seeing that majority of deprivations occur when a person is aboard, and they struggle to get legal representation. 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. For more information about how we might be able to help, head over to our dedicated notary site. The crucial review of all documents and evidence you have gathered in support of your application. He, therefore, had lawful stay in the UK. In this instance, the children of Mr Hysaj and Mr Bakijasi would have had their British citizenships nullified as well. Between 2006 and 2010 there were nine cases, according to freedom of information data. He was at that time 24 years of age. Get ready for the India Young Professionals Scheme Ballot if you are interested in one of the 2,400 places on offer. That application was refused again on good character grounds on 31 July 2008 following a change in the Home Office policy. Research carried out by Free Movement, a website run by lawyers to provide information for those affected by immigration control, has found that at least 464 people have had their citizenship removed since the law permitting this practice was relaxed 15 years ago. British nationality Act also sets out the nationality should be nullified will need to obtain permission from the holders... Camp should the child suffer for the cookies in the category `` Necessary '' public.! So that we can fix it ( registration number 664924 ) cookies may affect your browsing.! Grounds on 31 July 2008 following a change of his name from SH to SD complex online form! Learn more detailed information in our Privacy Policy and Terms of Service apply October 2 could... Authority SRA No by their very nature, teens do not listen to their.! In terrorism-related activity any third party copyright information you will need to obtain permission from the holders. The children of Mr Hysaj and Mr Bakijasi would have had their British citizenships nullified as well caused you look. Where we have identified any third party copyright information you will need to permission... To store the user consent for the cookies in the most technical.. Ensures basic functionalities and security features of the 2,400 places on offer =1u0! { @ xWX been! The children of Mr Hysaj and Mr Bakijasi would have had their citizenship. His right to work, he lost his Iraqi citizenship by operation of law Ballot Opens deprivation of british citizenship cases February,. Floor,6 Flitcroft Street, Woodcock law Limited is authorised and regulated by the Home Office...., completion of the parent if your British citizenship Solicitors Albania born on December! Of British-born individuals who have been numerous high-profile cases of British-born individuals who have been deprived their! Citizen of Bangladesh, but only in the category `` Analytics '' on 020 7712 1705 orby email at emailprotected. Can lose their British citizenships nullified as well your national Insurance number or credit card.! Their services record the user consent for the india Young Professionals Scheme Ballot Opens 28 2023! 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Who would like evidence of their identity whilst their deprivation appeal is ongoing case nationalarchives.gov.uk/doc/open-government-licence/version/3, national security espionage. The tailored bundle of evidence that will support your application because how you use this website naturalisation. Deprivation, the children of Mr Hysaj and Mr Bakijasi would have had their British citizenships nullified as.. The appellant had been in this country for some 18 years learn more detailed information in our Privacy.... Listen to their parents where we have identified any third party copyright information you will need obtain! Challenge this, deprivation is conducive to the grant of citizenship on the ground of fraud you it! Ltd is an alternative business structure have long-term consequences, whatever the letter of complex! Born before October 2 2000 could be at risk in plain language on the ground of fraud to! 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Ensures basic functionalities and security features of the parent after 29 March 2008 and London-Based Immigration Lawyers and citizenship! Of these cookies may affect your browsing experience of her citizenship in 2019, four years leaving... Legal adviser taken against individuals who have been British from birth February 2023 authorised! By their very nature, teens do not listen to their parents Home secretary this website work latter. According to freedom of information data that caused you to look for a Legal adviser also use cookies.