Appeal from the Special Immigration Appeals Commission in which the issue was whether the Secretary of State for the Home Department was entitled to deprive a British Citizen originating from Vietnam of British nationality following his alleged involvement in terrorism related activities. The Secretary of State alleges that she was so entitled. The respondent contended that the Secretary of State was not so entitled, because the effect would be to render him stateless.
Held: The appeal succeeded, and the matter was remitted to SIAC for reconsideration. In such an appeal it is for the appellate body to determine for itself whether the ground exists and/or whether the order would make the person stateless (albeit that in those respects it may choose to give some weight to the views of the Secretary of State) and not simply to determine whether she had reason to be satisfied of those matters
Jackson, Lloyd Jones, Floyd LJJ
[2013] EWCA Civ 616
Bailii
British Nationality Act 1981 40(4)
England and Wales
Citing:
Appeal from – B2 v Secretary of State for The Home Department (Deportation – Preliminary Issue – Allowed) SIAC 26-Jul-2012
The appellant was vietnamese by birth, but had later been granted British Citizenship. The Secretary of State came to seek to deprive him of that citizenship on conducive grounds for reasons of national security, and his deportation to Vietnam. The . .
Cited by:
Cited – Secretary of State for The Home Department v Al-Jedda SC 9-Oct-2013
The claimant had obtained British citizenship, but had had it removed by the appellant by an order under the 1981 Act after he came to be suspected of terrorist involvement. He had appealed against the order, eventually succeeding on the basis that . .
See Also – Pham v The United States of America Admn 12-Dec-2014
The defendant appealed against an order for his extradition to the USA to face extra-territorial terrorist charges.
Held: The court dismissed the appeal: ‘whether the appellant is a British citizen or not makes no difference to his relevant . .
At CA (1) – Pham v Secretary of State for The Home Department SC 25-Mar-2015
The court was asked: ‘whether the Secretary of State was precluded under the British Nationality Act 1981 from making an order depriving the appellant of British citizenship because to do so would render him stateless. This turns on whether (within . .
Lists of cited by and citing cases may be incomplete.
Immigration, Human Rights
Updated: 31 October 2021; Ref: scu.510072