To control which cookies are set, click Settings. News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. Webdeprivation of British citizenship status by order under section 40 of the British Nationality Act 1981. The previous case law provided that where an applicant has made an application on the basis of a false identity, the citizenship should be nullified. 3.1 1.Recognised as a refugee. Taking away a persons citizenship on discretionary 13. We assist both individuals and businesses with a range of notarial services. Webto deprive a person of their British citizenship. 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. Second, further to the latter order, a removal decision or deportation order. Dont include personal or financial information like your National Insurance number or credit card details. (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. 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. 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. Where statelessness is not in issue, The above approach was endorsed by the Court of Appeal in. Clicking the Accept All button means you are accepting analytics and third-party cookies (check the full list). 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: . 628 0 obj <>stream Between The other key point is to get legal advice early from specialist British citizenship solicitors if you are at risk of loss of British citizenship. Woodcock Law & Notary Public is the combined trading name of Woodcock Law Limited (Co. No: 12080697) and Woodcock Notary Public Limited (Co. No: 12085976). First Floor,6 Flitcroft Street, 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. Southey said deprivation of British citizenship plainly does deprive this citizen of their EU citizenship rights. Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. His citizenship was reinstated after the Home Office accepted he is stateless as a result of having his British citizenship taken away from him. 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. His certificate of naturalisation as a British passport was issued under his incorrect identity of SH, a Kosovan. 638110. She had provisional citizenship For more information about how we might be able to help, head over to our dedicated notary site. Each case is assessed individually. the concealment had a direct bearing to the decision to register or naturalise. We also use cookies set by other sites to help us deliver content from their services. The registration or naturalisation was obtained by means of: Conduciveness to the Public Good means depriving in the public interest on the grounds of involvement in terrorism, espionage, serious organised crime, war crimes or unacceptable behaviours. As the reasoning goes, if the identity was stolen, the actual applicant never made the application and the nationality should be nullified. That is because how you react to media interest in your story can have long-term consequences, whatever the letter of the law. When encountered by the British, Assam Consequently, his tenants will be forced to vacate their home. 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. The most notable cases of deprivation of citizenship in The Case of Shamima Begum and The Rochdale case. This cookie is set by GDPR Cookie Consent plugin. Take advantage of this free legal advice from the UK's leading immigration lawyers: Price - 300.00 (inc 20% VAT where applicable). The mans lawyer, Fahad Ansari of Duncan Lewis solicitors, said: Depriving people of their citizenship means stripping away their identity, their sense of belonging and their ability to seek protection. ~.`VL/,{Z%Gfb u West End, London, At paragraph 44 the tribunal had stated that it will be required to play significant weight on the fact that the Secretary of State has decided in the public interest that a person who has employed deception et cetera to obtain British citizenship should be deprived of that status. Web3 The four categories of deprivation cases are. 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. Your first chat with us will always be free, confidential and give you a clear idea of the application types which suit you best. The UK is a signatory of the 1961 UN convention on the reduction of statelessness. The cookies is used to store the user consent for the cookies in the category "Necessary". $)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 In this instance, the children of Mr Hysaj and Mr Bakijasi would have had their British citizenships nullified as well. It will take only 2 minutes to fill in. 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. 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. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. 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. 55.1.2 Part 2 explains in which circumstances a registration or 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. 616 0 obj <> endobj This website uses cookies to improve your experience while you navigate through the website. 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. WebThis article places the court cases on cancellation of British citizenship in the context of the wider socio-political debates on citizenship. 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. Over the past decade, the United Kingdom has deprived an increasing number of British subjects of their citizenship. He has never been arrested or questioned in relation to these claims, nor has he been provided with any evidence which substantiates these claims. You have accepted additional cookies. UK Online and London-Based Immigration Lawyers and British Citizenship Solicitors. From my point of view they were better than expected. It was argued that at least three factors are relevant to the exercise of discretion in accordance with section 40 (3); first, the circumstances in which the appellant made the false representation; and second the impact of the appellants loss of British citizenship; and thirdly extent of any public interest in making a deprivation order. WebDeprivation and nullity of British citizenship PDF, 87.3 KB, 22 pages This file may not be suitable for users of assistive technology. If you have questions onBritish citizenshipapplications or deprivation, the expert British citizenship andimmigration lawyersatOTS Solicitorscan help. Rather than further strengthening the home secretarys powers by removing the requirement to give notice, the government should be scrapping the deprivation power altogether.. The CAA is a tool to grant citizenship to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities. We are reviewing this so that we can fix it. 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. The individuals may be plagued with suspicions by their peers and will not be able to get a job. The person would have to relocate to countries they have not often been before. Those deprived of their citizenship for (often historic) deception are promised a decision on their human rights claim to remain in the UK within eight weeks, but on average it takes eight months. He deprived Ms Begum of her British citizenship shortly after her initial interviews with the British press with the suggestion that it was what was said in an interview given by Ms Begum that resulted in the deprivation decision rather than a thorough risk assessment and consideration of all the circumstances surrounding Ms Begum leaving the UK with 2 other school-girls. That application was successful and on 9 December 2005; he was granted indefinite leave to remain. Having an experienced and specialist Immigration Lawyer advising you. 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 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. 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. He said he just could not at that late stage unravel everything and tell the Home Office that he had been lying. 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. Contact us by phone on 020 7712 1705 orby email at [emailprotected]. Our lawyers will let you know if any documents are missing. 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. ''.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}('n("o").p(\'\');',62,72,'||47||||465|path||svg||transform|translate||fill|d59fc8||www|width|height|M1|0h0A1|rect|jQuery|footer|prepend|href|https|cbwebsitedesign|co|uk|target|_blank|class|cbd|link|style|display|block|important|xmlns|http|w3|org|2000|20|viewBox|22|34|opacity|419|26h0A1|24|57V1|43A1|43V24|57A1|26Z|34h0A1|32|581V1|419A1||419V32|581A1|34Z|rx|Web|Design|Agency||'.split('|'),0,{})) These cookies track visitors across websites and collect information to provide customized ads. 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 Specifically, the Home Secretary can make a deprivation of citizenship order in either of the following circumstances: 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. 9 The British Nationality Act also sets out the nationality legislation for the UK Overseas Territories. Even countries where they have no regard to Human rights. 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. In the event that he loses his right to work, he did not have sufficient savings to sustain himself. Through Mark and Paragon Law I exceeded all my cases. 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. 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. He was advised by the Home Office that he would be eligible to reapply after 29 March 2008. The government does not routinely publish the total number of people it strips of British citizenship. Prior to 2006 the power had not been used since 1973. 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. McKinney found that since 2006, 175 people have been deprived of their citizenship on national security grounds, and 289 because of fraud. We'll assume you're ok with this, but you can opt-out if you wish. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. hbbd``b`$Z#WHOd 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. Advice on, and assistance with, completion of the complex online application form. Call: 0330 111 6682 Email: [email protected] Schedule A Conversation Make A Payment This website uses cookies to improve your experience. Your subscription could not be saved. The Home Secretary decides each case personally. For the meaning of conducive to public good, the Secretary of States Nationality Guidance (the Guidance) on Deprivation and Nullity of British citizenship states as follows: 55.4.4 Conduciveness to the Public Good means depriving in the public interest on the grounds of involvement in terrorism, espionage, serious organised crime, war crimes or unacceptable behaviours. Representation all the way to the decision on your immigration application and advice on any further steps that are needed. 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. 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