Authorised and regulated by the Solicitors Regulation Authority with SRA number 644661. In this instance, the children of Mr Hysaj and Mr Bakijasi would have had their British citizenships nullified as well. This cookie is set by GDPR Cookie Consent plugin. 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. Your Options if Your British Citizenship Application is Refused. In this blog, our immigration solicitors look at the At OTS Solicitors our family lawyers specialise in family law for LGBTQ+ families. He did not want to rock the boat. If you want to take the first step towards getting an outstanding legal service then use the booking form below to schedule an appointment via our online booking system. He is currently renting the property. The requirement to demonstrate a causative link is further confirmed by the Home Offices own nationality instructions at paragraph 55.7.3. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. There, she married an ISIS fighter and had three children, none of whom survived. 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. WebRemoving someones British citizenship, also known as deprivation of citizenship, is used against those who obtained citizenship by fraud and against the most dangerous 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 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. Receiving a detailed and tailored list of the documents to be submitted to the Home Office. It was accepted that when SD applied for indefinite leave to remain on 20 July 2005 he continued to use his incorrect identity. The UK is a signatory of the 1961 UN convention on the reduction of statelessness. The CAA is a tool to grant citizenship to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities. 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. However, there was no link between the deception and the grant of naturalisation in that case. some statistics on british citizenship deprivation According to information published in (PDF) Citizenship in times of terror: citizenship deprivation in the UK (researchgate.net) ,'in 2002 the UK government confirmed that 'the deprivation power had been used rarely at that moment, the last case of deprivation had taken place in 1973.' 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. This publication is available at https://www.gov.uk/government/publications/nationality-and-borders-bill-deprivation-of-citizenship-factsheet/nationality-and-borders-bill-deprivation-of-citizenship-factsheet. 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 20. applied for indefinite leave to remain in the UK in his false name and nationality, having completed four years exceptional leave to remain. 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. It is possible to instruct an immigration and visa legal representative to appeal a Deprivation or Nullity of British citizenship claim. What does the Nationality and Borders Bill do in relation to deprivation of citizenship? Contact us by phone on 020 7712 1705 orby email at [emailprotected]. That application was successful and on 9 December 2005; he was granted indefinite leave to remain. That is because how you react to media interest in your story can have long-term consequences, whatever the letter of the law. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. 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. If you have questions onBritish citizenshipapplications or deprivation, the expert British citizenship andimmigration lawyersatOTS Solicitorscan help. Well send you a link to a feedback form. 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. 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. As an adult coming to be cared for by a relative, Home > Blogs > Deprivation of British Citizenship and how to challenge this, Afghan Visa RouteAsylumBN(O) VisaBorder ControlBrexitBritish CitizenshipBritish NationalityBusiness VisaCommon Travel AreaCommonwealthEnglish Language Requirement, EU Settlement SchemeFrontier Worker VisaGlobal Talent VisaGraduate RouteHealth and Care Worker VisaHigh Potential Individual VisaHome OfficeILRImmigration Health SurchargeImmigration NewsIntra Company Transfer VisaInvestor Visa, Migration Advisory CommitteeNationality and Borders ActOverseas British NationalsPermitted Paid Engagement VisaRight of AbodeRight to Rent ChecksRight to Work ChecksShortage Occupation ListSkilled Worker VisaSponsor LicenceSpousal VisaStatement of Changes, Ukraine VisasVisa ApplicationsVisa FeesVisitor VisasWindrush SchemeWoodcock Law NewsYouth Mobility Scheme. 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. He, therefore, had lawful stay in the UK. We also use third-party cookies that help us analyze and understand how you use this website. However, what the CAA effectively did was focus on the A power to deprive someone of British citizenship goes back to 1914 but in recent years the legal test about when it can be used has been watered down. The clause in the Nationality and Borders Bill would not impact the individuals right of appeal. The power of citizenship deprivation is in section 40 of the British Nationality Act 1981. the concealment had a direct bearing to the decision to register or naturalise. Gherson LLP is the trading name for Gherson Solicitors LLP. She was a citizen of Bangladesh, but only in the most technical sense. 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. 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. WebDeprivation and nullity of British citizenship PDF, 87.3 KB, 22 pages This file may not be suitable for users of assistive technology. Google Analytics cookies help us to understand your experience of the website and do not store any personal data. Supporters see Ms Begum as a 15-year-old victim of grooming and child trafficking to the Islamic State whilst others view her as an ISIS supporter and therefore a potential life-long threat to British national security. As the reasoning goes, if the identity was stolen, the actual applicant never made the application and the nationality should be nullified. The most notable cases of deprivation of citizenship in The Case of Shamima Begum and The Rochdale case. We also use third-party cookies that help us analyze and understand how you use this website. This website uses cookies to improve your experience while you navigate through the website. When the decision was made, in 2019, Ms Begum was 19. He helped me on everything that I asked for. 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. An appeal would lay in any refusal under section 82(i) of the Nationality Immigration and Asylum Act 2002 which will then be a purely human rights appeal where the Tribunal shall have a wide discretion within the parameters of decided case law as to how the article 8 claim should be interpreted. Section 40 of the British Nationality Act 1981 gives the Secretary of State the power to deprive an individual of their British citizenship on two instances where the Secretary of State (SoS) is satisfied that: Deprivation Conducive to public good (Section 40(2)). Clicking the Accept All button means you are accepting analytics and third-party cookies (check the full list). For more information about how we might be able to help, head over to our dedicated notary site. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. 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