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. 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. McKinney found that since 2006, 175 people have been deprived of their citizenship on national security grounds, and 289 because of fraud. The Kosovo war lasted from 5 March 1998 to 11 June 1999. 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. West End, 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. 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. Gherson LLP is the trading name for Gherson Solicitors LLP. It is an informal discussion which can be delivered how you want it, whether that is over the phone, using video conferencing or at our easily accessible office - it is entirely your choice. McKinney said he compiled the information from historic freedom of information requests and obscure statistical publications. If you are thinking about applying for British citizenship it is important to understand the law on the deprivation of British citizenship and whether it could affect you or your family - even if the possibility of losing British citizenship is remote. 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. The course adopted by the Secretary of State's decision-making process in these cases therefore contemplates two further stages. 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. Click here for a full list of Google Analytics cookies used on this site. 3.4 4.Foreseeable Consequences. When the decision was made, in 2019, Ms Begum was 19. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. 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. On 21 July 2005 SD now an adult aged 20 applied for indefinite leave to remain in the UK in his false name and nationality, having completed four years exceptional leave to remain. %%EOF We are aware this PDF publication may have accessibility issues. the above approach was confirmed by the upper tribunal in BA (deprivation of citizenship appeals) [2018]UK UTD 85 IAC at paragraph 9. 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. 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. In the case of SD, a national of Albania born on 3 December 1984. A person can be deprived of their citizenship in certain circumstances. 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. As such, it is wrong in principle. Analytical cookies are used to understand how visitors interact with the website. hT[k0+z.$J!Vv%&18v]Xt%U5]6>$>JD%bSH""nVExJ+WM gqMG4WSVtRfDN_ `az'(?"+?>\}u5yf%.+Z9atsEgc^S?,k[s'$ZZVm'EvM+cSMF)g,fSt+(" 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. Ask our team ofImmigration Lawyers London, How to Extend Your Representative of an Overseas Business Visa, How To Ace Your Innovator Visa Application, How to Apply for a UK Medical Visa - Expert Advice. 3.3 3.Delay. An individual can seek to exercise their statutory right of appeal against the decision - even if not aware of their deprivation at the time. 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. eval(function(p,a,c,k,e,r){e=function(c){return c.toString(a)};if(! Having an experienced and specialist Immigration Lawyer advising you. The case highlights the human cost of this power that the Home Office hopes to further strengthen in its controversial nationality and borders bill, which will no longer require notice to be given before taking away someones British citizenship. Click here for a full list of third-party plugins used on this site. Circumstances surrounding the use of force representation; Could article 8 of the ECHR based on family/private life had been argued? 1. In the same period on average 17 people a year were deprived of citizenship on the ground of fraud. This cookie is set by GDPR Cookie Consent plugin. He helped me on everything that I asked for. To help us improve GOV.UK, wed like to know more about your visit today. Obtaining clear written advice in plain language on the legal issues. The 1914 Act 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. Applying for British Citizenship (Naturalisation), Applying to register a child as a British Citizen. 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 government does not routinely publish the total number of people it strips of British citizenship. From my point of view they were better than expected. Maintaining our national security and keeping the public safe are the governments top priorities. But by 2017 numbers had peaked at 148 people who had their citizenship removed that year. UK Spouse or Partner Indefinite Leave to Remain, Indefinite Leave to Remain 10 Year Rule, Refugee Settlement Indefinite Leave to Remain. The case does however demonstrate how many British families have no idea that they or their children are even at risk of losing the right to live in their country of naturalisation. On the above grounds, the Secretary of State can deprive an individual of their citizenship. As the reasoning goes, if the identity was stolen, the actual applicant never made the application and the nationality should be nullified. 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. 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. Depriving a person of British citizenship without notice is arbitrary not only because it offends the common law (see the case of Anufrijeva above) but also because it violates international legal standards. Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. The Home Office conceded that SD had been granted exceptional leave to remain on the basis that he was a minor from Kosovo for whom there were inadequate reception arrangements in Kosovo. not British-born or those who register to acquire citizenship under other provisions of the 1981 Act); and The crucial review of all documents and evidence you have gathered in support of your application. He is currently renting the property. 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. Taking away a persons citizenship on discretionary 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. Interestingly, after the Court of Appeal previously upheld the old approach taken to such cases, once the case was taken to the Supreme Court the Secretary of State for the Home Department agreed with Mr Hysaj and Mr Bakijasis appeals and provided her own reasoning as to why their decision was incorrect. 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. While the UK government has argued that deprivation of British citizenship does not leave her stateless due to her eligibility for Bangladeshi The appellant exercised his right of appeal under section 40 of the said Act. We use Sendinblue as our marketing platform. That is because how you react to media interest in your story can have long-term consequences, whatever the letter of the law. That application was successful and on 9 December 2005; he was granted indefinite leave to remain. 616 0 obj <> endobj Was the fraud material to the grant of citizenship? The cookies is used to store the user consent for the cookies in the category "Necessary". 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. 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. In 2013 both Mr Hysaj and Mr Bakijasi had their citizenships nullified. Necessary cookies are absolutely essential for the website to function properly. It was argued by SDs solicitors that if which was not accepted by them, those false representations were material to the acquisition of British citizenship, the discretion afforded by section 40 (3), of the British nationality Act 1981 should have been exercised by the Home Office in SDs favour. 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. The technology to maintain this privacy management relies on cookie identifiers. The CAA is a tool to grant citizenship to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities. The Supreme Court ruled on 21 December 2017 in the cases of R (Hysaj and others) v Secretary of State for the Home Department and Bakijasi v Secretary of State for the Home Department that if a person made misrepresentations during an application for British citizenship they can be deprived of their citizenship under sections 40 and 40A of the British Nationality Act 1981, instead of having it nullified. In one case revealed by the Observer this week, a 40-year-old man, referred to only as E3, was stripped of his British citizenship in 2017. WebDeprivation and nullity of British citizenship PDF, 87.3 KB, 22 pages This file may not be suitable for users of assistive technology. SRA number: 824641 In 2004 Mr Hysaj was granted citizenship after an application where he provided the same details as for his previous applications his real name, but his wrong place of birth, date of birth and nationality. 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. The UK is a signatory of the 1961 UN convention on the reduction of statelessness. 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. You can learn more detailed information in our Privacy Policy. Representation all the way to the decision on your immigration application and advice on any further steps that are needed. SD said although he was an adult when he applied for indefinite leave to remain and thereafter for naturalisation as a British citizen, and knew he was not telling the truth on the application forms he was completing as regards his identity, he did not want to rock the boat , as if he had told the truth and said he had previously lied, he could have been stripped of his British nationally and previous ILR and be removed to Albania. But opting out of some of these cookies may affect your browsing experience. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. That application was refused again on good character grounds on 31 July 2008 following a change in the Home Office policy. 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 Click here to speak to us today Message us Request a call back Your A common scenario that the Home office justifies the Government decision to make a deprivation of British citizenship order, i.e. 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. According to the human rights group, Reprieve, there are around 25 British families, with 36 children, living in camps in North-east Syria, If it takes the Home Office years to determine if those entering the UK on boats are victims of trafficking or economic migrants and to then process their, If you deprive a person of their British citizenship, are you effectively transferring the problem to another country? Check benefits and financial support you can get, Find out about the Energy Bills Support Scheme, Nationality and Borders Bill: Deprivation of Citizenship factsheet. Citizenship can be removed through an order made by the secretary of state this is most often the Home Secretary. Read more about our accessible documents policy. This website uses cookies to improve your experience while you navigate through the website. News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. But opting out of some of these cookies may affect your browsing experience. 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. 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. False representation requires dishonesty on the applicants part and therefore an innocent mistake would not give rise to the power to deprive. When the decision was made, in 2019, Ms Begum was 19. 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. In some cases may even be targets of raids, detention without trials and even assassinations. The Nationality and Borders Bill does not change any existing right of appeal or widen the reasons for which a person could be deprived of their citizenship. Only now is it spreading, emulated last year by Canada, and now tentatively by France in the wake of the November Paris attacks. Specifically, the Home Secretary can make a deprivation of citizenship order in either of the following circumstances: 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. Shamima Begum, 23, was 15 in 2015 when she left her home in east London with two school friends to travel to Syria. Gulbenkian Andonian Solicitors UK Online and London-Based Immigration and British Citizenship Solicitors. 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. One can be deprived of The appellant had been in this country for some 18 years. Call 0203 959 9123 orcontact us online. Take advantage of this free legal advice from the UK's leading immigration lawyers: Price - 300.00 (inc 20% VAT where applicable). Yes, in all the cases which they are all in my favour. SLc/+ *{'m4IGu4FM'QtdY"65 '6Dxsv"e?q'-w{{r ^FzGTae%{;yu q=;UI]X*KVHiq0Q"8[qGHq4MLmB7ByA!RZ*f9tw7bJ2I!HAK. 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. Between 2006 and 2010 there were nine cases, according to freedom of information data. Your first chat with us will always be free, confidential and give you a clear idea of the application types which suit you best. 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 We also use cookies set by other sites to help us deliver content from their services. They went on to say that they knew he was from Albania however and he could potentially be reunited with his family. Whilst originally envisaged to cover behaviours such as glorification of terrorism, it appears that the last ground, unacceptable behaviours, indicates a broad scope. You can change your cookie settings at any time. The deception in the above case was to mislead the authorities about age on arrival in the UK. 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 will be stored in your browser only with your consent. What could they have done better? As held in Pirzada (Deprivation of citizenship: general principles) [2017] UKUT 196 (IAC) the deception must have motivated the acquisition of that A woman stripped of British citizenship after joining ISIS in Syria has lost her legal battle to have that decision reversed. The appellants in the two cases created false identities for themselves in order to obtain asylum and subsequently ILR on that basis. The applicant alleges that he was forced to Full list of Google Analytics cookies used on this site the appellants the... Maintaining our national security and keeping the public safe are the governments top.. London-Based Immigration and British citizenship ( Naturalisation ), applying to register a child a... The course adopted by the Secretary of State this is most often the Office..., etc, and Christian communities plugins used on this site out of of. Have not been classified into a category as yet the reduction of.. 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