UK Online and London-Based Immigration and British Citizenship Solicitors. From my point of view they were better than expected. Other teens have been persuaded to go abroad with older men and criminal proceedings have focussed on the adult and not the teenager who is seen as the victim. Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. There would be an outpouring of condemnation if those children were said to be the culprits and the authors of their own misfortune in being lured and encouraged to leave the UK. There, she married an ISIS fighter and had three children, none of whom survived. 6 Flitcroft Street, The tribunal was invited to find that the use of fraud was not material to SDs acquisition of British citizenship. She was a citizen of Bangladesh, but only in the most technical sense. On top of that they refused my wife's visa. What does the Nationality and Borders Bill do in relation to deprivation of citizenship? Google Analytics cookies help us to understand your experience of the website and do not store any personal data. Discussing and agreeing which application type is best for your personal circumstances. 628 0 obj <>stream WebFind out about who OTB Legal's immigration lawyers for deprivation of British citizenship cases are, the agreed fees we charge, and download our free guide. 655829, OTB Legal Ltd Trading as OTB Legal- Company number 11737759, Registered address: Creative House, Chase Park, Daleside Rd, Nottingham NG2 4GT - Copyright 2022 OTB Legal Ltd, Mark Lilley-Tams - Director and Solicitor. 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. - Cartwright King Solicitors Here to help. Removing or resetting your browser cookies will reset these preferences. Analytical cookies are used to understand how visitors interact with the website. 3.1 1.Recognised as a refugee. HomeAbout UsOur ServicesVisa LibraryResourcesCareersBook a ConsultationContact, Level 37One Canada SquareCanary WharfLondonE14 5AA. Click here to speak to us today Message us Request a call back Your That application was successful and on 9 December 2005; he was granted indefinite leave to remain. Through we will always try to tell an individual that they are to be deprived of British citizenship, it might not be possible in exceptional circumstances. However, what the CAA effectively did was focus on the After SD obtained his British nationality and successfully applied for a British passport, there came a time when he felt uncomfortable with his false name of SH and therefore applied to the passport office changes the name back to his real name of SD. You can learn more detailed information in our Privacy Policy. 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. Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. McKinney said he compiled the information from historic freedom of information requests and obscure statistical publications. Our lawyers will let you know if any documents are missing. We use cookies to optimise site functionality and give you the best possible experience. ~.`VL/,{Z%Gfb u Citizenship deprivation only happens after very careful consideration of the facts and in accordance with international law. While significant weight ought to be afforded to the Home office assessment of public interest, the tribunal was invited to note the circumstances in which the force representations were made and also to the fact that the appellant made a full and frank admission to the respondent as to the use of his false representation. On 28 April 2011 SD submitted a further application for naturalisation in his false identity. The Home Secretary decides each case personally. 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. The deprivation of citizenship UK legislation was changed by the Nationality, Immigration and Asylum Act 2002. We would explain their appeal rights when they make contact with us. 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. Please try again. $)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 As such, it is wrong in principle. 616 0 obj <> endobj The clause in the Nationality and Borders Bill would not impact the individuals right of appeal. 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. The application was however refused by the Home Office on 9 January 2007 on the grounds of good character; ST was sentenced to a financial penalty by Greenwich Magistrates Court on 29 March 2006 for a single offence of possession of an offensive weapon in a public place. Why does the immigration history of a teens parents affect whether the teen can lose their British citizenship? Check benefits and financial support you can get, Find out about the Energy Bills Support Scheme, Nationality and Borders Bill: Deprivation of Citizenship factsheet. These cookies will be stored in your browser only with your consent. Our lawyers will work with you to maximise your prospects of success. The case of Shamima Begum has garnered widespread attention, with claims that racism and misogyny have greatly affected the public perception of her and shaped the ultimate outcome. A common scenario that the Home office justifies the Government decision to make a deprivation of British citizenship order, i.e. Necessary cookies are absolutely essential for the website to function properly. Where statelessness is not in issue, it is likely to be one in a rare case that the EC HR or some very compelling feature will require the tribunal to allow the appeal. We use some essential cookies to make this website work. eval(function(p,a,c,k,e,r){e=function(c){return c.toString(a)};if(! The cookie is used to store the user consent for the cookies in the category "Analytics". There are consequences to Deprivation of British Citizenship There are consequences for where citizenships are taken away from persons, such would include: Through Mark and Paragon Law I exceeded all my cases. McKinney found that since 2006, 175 people have been deprived of their citizenship on national security grounds, and 289 because of fraud. " There has been a significant increase in decisions by the Home Office to deprive British Citizens of their Nationality in the past two years. It is currently in section 40 of the British Nationality Act 1981 and can be used for two reasons. But by 2017 numbers had peaked at 148 people who had their citizenship removed that year. On appeal against a decision to deprive him of his British nationality, SD said that he now realised the significance of his mistake for which he was extremely remorseful. This realisation came about after he had applied to the passport office for a change of his name from SH to SD. Webthey may be left stateless as a result of deprivation. Maintaining our national security and keeping the public safe are the governments top priorities. 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. The Home Office stated that a deprivation order would be made within four weeks of the appellant becoming appeal rights exhausted in relation to the decision to make a deprivation order, and at that stage, he would fall under the immigration rules once more. There are instances where the Secretary of States powers are limited to make a deprivation order on the grounds of conducive to public good as provided in Section 40(4) of the 1981 Act, here the Secretary of State may not make a deprivation order under s. 40(2) if he is satisfied that the order would make a person stateless but Nothing in this section prevents the Secretary of State from making a deprivation order under s.40(3) because the order would render a person stateless. Between 2006 and 2010 there were nine cases, according to freedom of information data. Shamima Begums bid to regain British citizenship has been rejected in court, despite there being a credible case that she was trafficked. Gherson has extensive experience with complex nationality applications. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Effectively, therefore, SD has the burden of proof to persuade the deciding authority that they should be granted permission to stay in the UK. endstream endobj startxref The 1914 Act 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. 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. 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. That is hard in practice as, by their very nature, teens do not listen to their parents. Section 40 (3) of the British nationality act 1981 allows the State Secretary to deprive a person of their British citizenship status if found that the person has obtained This website uses cookies to improve your experience while you navigate through the website. During the course of the war with Iraq, he was detained there and held by the British military on security grounds. Thus, the person had never held this nationality. He, therefore, had lawful stay in the UK. The crucial review of all documents and evidence you have gathered in support of your application. Subject to any further representations at that stage in regard to which SD would receive a further decision to either grant leave to remain or remove the appellant from the UK within 8 weeks of the deprivation order being made. The CAA is a tool to grant citizenship to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities. Removal action may occur in those territories when deprivation of citizenship has been directed. In any event you will be armed with expert legal advice. A significant proportion of the cases on deprivation of British citizenship status are national security cases heard in the Special Immigration Appeals Commission 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. Potentially to a nation that has fewer resources to manage the alleged risk or where there is a greater risk that the persons human rights will be abused or that their treatment overseas will encourage the very behaviour that the Home Office feared when deciding to deprive the person of their British citizenship. What could they have done better? You have accepted additional cookies. As of 28 July 2014, it is possible to deprive a person of British citizenship and make him or her stateless if three conditions are met: he or she acquired citizenship by naturalisation the higher test of conduct seriously prejudicial to the vital interests of the United Kingdom, any of the Islands, or any British overseas territory 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. 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. A common scenario that the Home office justifies the Government decision to make a deprivation of British citizenship order, i.e. SRA number: 824641 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. Third-Party cookies are set by our partners and help us to improve your experience of the website. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. The Application Stage is all about guiding you successfully through the application process with minimal fuss. If a teen has a child in an overseas holding camp should the child suffer for the sins of the parent? Necessary cookies are absolutely essential for the website to function properly. At the end of the Assessment Stage you will have a clear plan as to the range of applications available, the costs involved and how likely you are to get a successful outcome. The deception in the above case was to mislead the authorities about age on arrival in the UK. Analytical cookies are absolutely essential for the sins of the British Nationality Act 1981 and can used! The above case was to mislead the authorities about age on arrival in the above case to! The website the individuals right of appeal information data we use some cookies. Make contact with us most technical sense detained there and held by the Home office the! The above case was to mislead the authorities about age on arrival in the category `` Analytics '' Nationality... We would explain their appeal rights when they make contact with us arrival. Wrong in principle to join Islamic State in Syria was invited to find that Home. 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