Changes to be made to deprivation of citizenship appeals following Supreme Court decision

Today the government has published the Deprivation of Citizenship Orders (Effect during Appeal) Bill which will mean that a deprivation order removing a person’s British citizenship remains in effect even if the person has successfully appealed, while any further appeals can be or are being made by the Home Secretary. The explanatory notes say that this is necessary because of the Supreme Court’s decision in N3 v Secretary of State for the Home Department [2025] UKSC 6 (our write up is here).

The Human Rights memorandum states:

On 26 February 2025 the Supreme Court handed down judgment in N3(ZA) v SSHD [2025] UKSC 6 (‘N3’). That judgment held that when the First-tier Tribunal or Special Immigration Appeals Commission allows an appeal (brought under section 40A of the British Nationality Act 1981 (“the 1981 Act”) or section 2B of the Special Immigration Appeals Commission Act 1997 (“the 1997 Act”)), a person regains their British citizenship immediately, and irrespective of whether the Secretary of State revokes the deprivation order or seeks permission to appeal that judgment to a higher court.

The explanatory notes state:

The purpose of the Bill is to ensure that a deprivation order continues to have legal effect during the appeal period which will conclude when any appeal from the lower court has been finally determined or the time period in which to appeal has elapsed. This will mean that an appellant does not immediately regain British citizenship following a successful appeal brought under section 40A of the 1981 Act or section 2B of the 1997 Act.

There is only one substantive clause in the Bill, “Deprivation of citizenship order to continue to have effect during appeal” which will insert a new subsection (2B) to section 40A of the British Nationality Act, as follows:

(2B) Where—
(a) an order under section 40 is made in respect of a person, and
(b) the person appeals against the decision to make the order (under this section or under section 2B of the Special Immigration Appeals Commission Act 1997), the order continues to have effect during the appeal period.
(2C) The appeal period is the period—
(a) beginning with—
(i) the day on which the person appeals against the decision, or
(ii) if the order is made after that day, the day on which the order is made, and
(b) ending with the day on which the appeal is finally determined, withdrawn or abandoned.
(2D) For the purposes of subsection (2C) an appeal is not finally determined until the decision on the appeal, or on any further appeal, may not be overturned on a further appeal (ignoring the possibility of an appeal out of time with permission).

Clause 1(2) of the Bill provides for the change to have retrospective effect, so it will apply to appeals that are ongoing when the Act comes into force.

Second reading of the Bill in the House of Commons will take place on 30 June 2025.