Returning from outside the UK to challenge deprivation of citizenship
22 January 2018
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What procedure should be followed when someone is deprived of British citizenship, at a time when he or she is abroad, to enable return to
What procedure should be followed when someone is deprived of British citizenship, at a time when he or she is abroad, to enable return to
A Supreme Court decision handed down today is good news for people who have had their British citizenship taken away because it was obtained under
The case of R (Miah) v Secretary of State for the Home Department [2017] EWHC 2925 (Admin) concerns a British citizen who made an application for
To deprive a person of their citizenship on the grounds of their behaviour or opinion is to cast them out of society. It is a
The Court of Justice of the European Union has found in the case of C-165/16 Lounes that EU citizens who move to the UK and later naturalise as
In a decision of 7 November 2017, the Court of Appeal unanimously found, yet again, that the extension of the Worker Registration Scheme from 1
Our new ebook guide Naturalising as a British citizen is now available for purchase for £9.99 (free for Free Movement members). For most people, an
A surrogacy arrangement is, broadly speaking, where a woman carries and delivers a child for another couple or person. Under section 2(1) of the Surrogacy Arrangements Act
In Sleiman (deprivation of citizenship; conduct) [2017] UKUT 367 (IAC) the tribunal considered the question of how directly causative past deception must be of a
The Home Office today published a new collection of guidance documents used by the UK Visas and Immigration service when deciding applications for British nationality. These
For some reason the Home Office has just released a swathe of inspection reports into a wide range of Home Office operations. In practical terms,
Under the British Nationality Act 1981, a child who is born in the UK and is (and always has been) stateless is entitled to register
The question about what rights are enjoyed by an EU citizen who naturalises as a British citizen becoming a dual citizen is critically important in
There was a short period of just 11 years between 1962 and 1973 when free movement of people did not apply in the UK. Other
Ian Macdonald QC has sent in an interesting note on the controversial Capparrelli determination. For background, see original Free Movement write up here: Tribunal finds Home
In a controversial determination, the President of the Upper Tribunal Immigration and Asylum Chamber, Mr Justice McCloskey, has found that the Home Office has wrongly
The “Liberal” Democrats are apparently calling for President Assad’s wife to be deprived of her British citizenship. I am loathe to refer to anyone as
The case of Akinyemi v SSHD [2017] EWCA Civ 236 concerns the deportation of a man born and raised in the United Kingdom, a country
The question of what rights are enjoyed by an EU citizen who naturalises as a British citizen and becomes a dual citizen has become a
K2 v the United Kingdom (Application No 42387/13) The use of the Home Secretary’s power to strip a British citizen of their citizenship is on
The Supreme Court has decided that the historic failure of British nationality law to confer automatic citizenship on a child born out of wedlock was
The British Nationality Act 1981 requires a successful applicant for British citizenship to show, amongst other things, that he or she is free from immigration
Some worrying news from The Guardian: UK citizenship has been given to the children of eastern Europeans living in Britain without the proper paperwork, the
A few snippets from a recent debate in the House of Lords. An amendment to the current Immigration Bill currently wending its way through Parliament
In another reminder that British citizenship can be refused on the basis of past dishonest conduct we have the case of R (on the application
As was reported on Free Movement last month, the British Nationality (General) (Amendment No. 3) Regulations 2015, have made it harder for persons with an
The Secretary of State for the Home Department refused the citizenship applications of the wife and two minor children of an Islamist extremist relying on
My colleague Adrian Berry has done an excellent write up of one of his cases over on his blog that I can heavily recommend as
Being named as father on birth certificate will in future no longer be sufficient to prove paternity in British nationality law where the parents are unmarried.
The High Court has overturned the refusal on character grounds by the Home Office of a British citizenship application by a migrant child. Karon Monaghan
Rather than write my own detailed piece on the Supreme Court’s judgment in Pham v Secretary of State for the Home Department [2015] UKSC 19
James Brokenshire, until the dissolution of Parliament last week the Minister of Immigration [EDIT: I am reliably informed that he is still the Minister –
A Freedom of Information request has revealed that 415 children aged 10-18 have been refused British citizenship on character grounds. The power to refuse citizenship
The Home Office has quietly tightened up the criteria for granting British citizenship under the good character test. This had passed me by so I
Many practitioners are concerned about the increasing use of draconian powers to deprive people of their citizenship and the related ‘evil of statelessness’ (which is
The Supreme Court will today hear a case, Secretary of State for the Home Department (Respondent) v B2 (Appellant), concerning the definition of statelessness in international
Coming back from my break and looking through various updates, I was struck by a series of articles on citizenship and nationality laws in the
This post is a brief summary of the removals and nationality provisions of the Immigration Act 2014, and is accompanied by an audio extract from
In the case of R (on the application of FI) v Secretary of State for the Home Department [2014] EWHC 2287 (Admin) the court was asked to
Born just before the revolution in 1978, a man known only as DA grew up an orphan in Iran. He understood that his father had
What procedure should be followed when someone is deprived of British citizenship, at a time when he or she is abroad, to enable return to the UK to participate in a statutory appeal to the Special Immigration Appeals Commission (SIAC)? Should judicial review proceedings be initiated to seek an interim...
A Supreme Court decision handed down today is good news for people who have had their British citizenship taken away because it was obtained under false pretences. The Home Office has accepted that in most cases, deprivation rather than nullity is the correct process. Deprivation gives people stripped of citizenship...
The case of R (Miah) v Secretary of State for the Home Department [2017] EWHC 2925 (Admin) concerns a British citizen who made an application for a passport, was refused, and ordered to leave the country. He had no in-country right of appeal against the decision. This case highlights serious...
To deprive a person of their citizenship on the grounds of their behaviour or opinion is to cast them out of society. It is a power of exile or banishment. In Roman law, the punishment of “proscription” was civic and literal death, unless the person went into exile. It would...
The Court of Justice of the European Union has found in the case of C-165/16 Lounes that EU citizens who move to the UK and later naturalise as British retain their free movement rights under EU law even though they have become British. The court has held that the UK has wrongly been...
In a decision of 7 November 2017, the Court of Appeal unanimously found, yet again, that the extension of the Worker Registration Scheme from 1 May 2009 to 30 April 2011 was unlawful and incompatible with EU law. The case is Secretary of State for Work and Pensions v Gubeladze...
Our new ebook guide Naturalising as a British citizen is now available for purchase for £9.99 (free for Free Movement members). For most people, an application for naturalisation is something they can complete on their own. This ebook helps individual applicants to do just that. In 2016 just shy of...
A surrogacy arrangement is, broadly speaking, where a woman carries and delivers a child for another couple or person. Under section 2(1) of the Surrogacy Arrangements Act 1985, it is a criminal offence for a person on a commercial basis to initiate or take part in a surrogacy agreement in the UK....
In Sleiman (deprivation of citizenship; conduct) [2017] UKUT 367 (IAC) the tribunal considered the question of how directly causative past deception must be of a subsequent grant of British citizenship in order for a person to be deprived of that citizenship on the basis of deception. The official headnote: In...
The Home Office today published a new collection of guidance documents used by the UK Visas and Immigration service when deciding applications for British nationality. These seem to have replaced the Nationality Instructions with, it seems, no guidance on what has been carried over, changed or dropped from the Nationality Instructions:...
For some reason the Home Office has just released a swathe of inspection reports into a wide range of Home Office operations. In practical terms, this makes it impossible for the press to pick out more than one or two stories from the reports and it therefore very effectively reduces...
Under the British Nationality Act 1981, a child who is born in the UK and is (and always has been) stateless is entitled to register as a British citizen. See Schedule 2, Paragraph 3: 3 (1) A person born in the United Kingdom or a British overseas territory after commencement...
The question about what rights are enjoyed by an EU citizen who naturalises as a British citizen becoming a dual citizen is critically important in the context of Brexit. We previously gave some context on why the UK denies dual citizens’ rights under EU law and why many lawyers believe...
There was a short period of just 11 years between 1962 and 1973 when free movement of people did not apply in the UK. Other than during that time, businesses and public services have had easy access to workers from other countries. Following Brexit, the UK will be embarking on...
Ian Macdonald QC has sent in an interesting note on the controversial Capparrelli determination. For background, see original Free Movement write up here: Tribunal finds Home Office has wrongly issued British passports to EU citizens and their children. Section 1 of the British Nationality Act 1981 (the “1981 Act”), the...
In a controversial determination, the President of the Upper Tribunal Immigration and Asylum Chamber, Mr Justice McCloskey, has found that the Home Office has wrongly issued British passports to hundreds or even thousands of children of EU, EEA and Swiss citizens born in the UK before 2 October 2000. The...
The “Liberal” Democrats are apparently calling for President Assad’s wife to be deprived of her British citizenship. I am loathe to refer to anyone as “x person’s wife” but this seems to be exactly the basis for the deprivation of citizenship: that she is President Assad’s wife. The remainder of...
The case of Akinyemi v SSHD [2017] EWCA Civ 236 concerns the deportation of a man born and raised in the United Kingdom, a country he has never left. It provides valuable guidance on the meaning of the word ‘unlawful’ within the context of deportation provisions introduced by the Immigration...
The question of what rights are enjoyed by an EU citizen who naturalises as a British citizen and becomes a dual citizen has become a critically important one in the context of Brexit. There is huge uncertainty amongst EU citizens and their family members living in the UK about their...
K2 v the United Kingdom (Application No 42387/13) The use of the Home Secretary’s power to strip a British citizen of their citizenship is on the rise. It has been the subject of debate where its use has rendered a person stateless following a series cases in the higher courts...
The Supreme Court has decided that the historic failure of British nationality law to confer automatic citizenship on a child born out of wedlock was discriminatory, it has continuing consequences which breached a person’s human rights in a discriminatory way and that denying such a person British citizenship now is...
The British Nationality Act 1981 requires a successful applicant for British citizenship to show, amongst other things, that he or she is free from immigration restrictions. Technically, the requirement is set out in paragraph 2(c) of Schedule 1 to the British Nationality Act 1981, which requires an applicant to show:...
Some worrying news from The Guardian: UK citizenship has been given to the children of eastern Europeans living in Britain without the proper paperwork, the Guardian has learned. The affected families come from countries including Poland and the Czech Republic that joined the EU in 2004 and so far around...
A few snippets from a recent debate in the House of Lords. An amendment to the current Immigration Bill currently wending its way through Parliament was tabled which would close the Tier 1 Investor route. This type of visa is obtained by making an investment of at least £2 million...
In another reminder that British citizenship can be refused on the basis of past dishonest conduct we have the case of R (on the application of Rushiti & Anor) v Secretary of State for the Home Department [2014] EWHC 3931 (Admin). This one dates back a few months but I’m...
As was reported on Free Movement last month, the British Nationality (General) (Amendment No. 3) Regulations 2015, have made it harder for persons with an EU law-based right of permanent residence to naturalise as British citizens. That is the consequence of a new requirement that such persons first obtain a...
The Secretary of State for the Home Department refused the citizenship applications of the wife and two minor children of an Islamist extremist relying on the residual discretion to refuse to naturalise a person imparted by the use of the word “may” in the British Nationality Act 1981. The refusal...
My colleague Adrian Berry has done an excellent write up of one of his cases over on his blog that I can heavily recommend as reading: British Citizenship by Descent:Trial and Error. The case is R (Bondada) v Secretary of State for the Home Department [2015] EWHC 2661 (Admin), a...
Being named as father on birth certificate will in future no longer be sufficient to prove paternity in British nationality law where the parents are unmarried. The change is introduced by the British Nationality (Proof of Paternity) (Amendment) Regulations 2015 which amend the British Nationality (Proof of Paternity) Regulations 2006....
The High Court has overturned the refusal on character grounds by the Home Office of a British citizenship application by a migrant child. Karon Monaghan QC sitting as a Deputy Judge of the High Court held that the Secretary of State had acted unlawfully in fettering her discretion by applying...
Rather than write my own detailed piece on the Supreme Court’s judgment in Pham v Secretary of State for the Home Department [2015] UKSC 19 I’m mainly going to refer you an excellent piece by Simon Cox on the Open Societies Foundation website: Case Watch: UK Supreme Court Backs Government...
James Brokenshire, until the dissolution of Parliament last week the Minister of Immigration [EDIT: I am reliably informed that he is still the Minister – thanks go to Alison Harvey!], has confirmed that the recent tightening of policy on granting British citizenship was not aimed at refugees. The change of...
A Freedom of Information request has revealed that 415 children aged 10-18 have been refused British citizenship on character grounds. The power to refuse citizenship on character grounds was controversially extended from adults to children as young as 10 in 2010. The refusals include 25 of children aged 10-13, 95...
The Home Office has quietly tightened up the criteria for granting British citizenship under the good character test. This had passed me by so I thought it useful to flag up – and many thanks to Alex Moran for point it out. A number of undesirable behaviours have been added...
Many practitioners are concerned about the increasing use of draconian powers to deprive people of their citizenship and the related ‘evil of statelessness’ (which is the subject of the UNCHR’s latest campaign.) Last week, a 7-member Supreme Court panel heard the latest round of arguments on these issues in the...
The Supreme Court will today hear a case, Secretary of State for the Home Department (Respondent) v B2 (Appellant), concerning the definition of statelessness in international law and in which the Secretary of State’s power under section 40 (2) of the British Nationality Act 1981 to deprive a naturalised British...
Coming back from my break and looking through various updates, I was struck by a series of articles on citizenship and nationality laws in the event of Scottish independence following the vote this Thursday. Some of these seem to me fundamentally to misunderstand the independence process as it is likely...
This post is a brief summary of the removals and nationality provisions of the Immigration Act 2014, and is accompanied by an audio extract from a seminar given by Colin Yeo, Sadat Sayeed, Mark Symes and I at Garden Court Chambers on 13 August 2014, at which I spoke on...
In the case of R (on the application of FI) v Secretary of State for the Home Department [2014] EWHC 2287 (Admin) the court was asked to review a decision to refuse to register as a British citizen a 14-year-old who had been settled with Indefinite Leave to Enter the...
