Return To UK to fight Citizenship Withdrawal
The appellant had, as a 15 year old, left to go to Iraq to be the ISIL terrorist group. She married an ISIL fighter and they had three children, the last one dying. Her citizenship of the UK had been withdrawn by the respondent leaving an entitlement to Bangladeshi citizenship by descent. She was now in a refugee camp, and sought leave to return to the UK in order to fight her appeal.
Held: She should be allowed to return to fight the appeal.
King, Flaux, Singh LJJ
[2020] EWCA Civ 918, [2020] WLR(D) 421, [2020] 1 WLR 4267
Bailii, WLRD
Special Immigration Appeals Commission Act 1997, British Nationality Act 1981 40A
England and Wales
Citing:
Cited – G1 v Secretary of State for The Home Department (Deportation – Preliminary Issue – Refused) SIAC 24-Oct-2013
. .
Appeal from – Begum v Secretary of State for The Home Department Admn 7-Feb-2020
Challenge to refusal of entry clearance to be allowed to fight decision to withdraw citizenship.
Held: The court granted permission to apply for judicial review but dismissed the substantive claim for judicial review of the LTE decision. . .
Cited – X2 (Preliminary Issue : Substantive) SIAC 18-Apr-2018
The Commission considered whether the deprivation of citizenship decision breached the Secretary of State’s practice or policy.
Held: Sections 78 and 92 of the Immigration Nationality and Asylum Act 2002 (preventing removal while an appeal is . .
Cited – G1 v Secretary of State for The Home Department CA 4-Jul-2012
The Secretary of State deprived the appellant of his UK nationality and made an exclusion order while he was in Sudan. He now appealed, against the dismissal of his claim for judicial review, brought to challenge that decision made on the ground . .
Cited – L1 v Secretary of State for The Home Department CA 29-Jul-2013
The appellant regularly travelled between the UK and Sudan. The officials asked the Secretary of State to decide in principle to deprive him of his nationality the next time he was in Sudan and exclude him from the UK, in order to mitigate the risk . .
Cited – AN v Secretary of State for The Home Department CA 28-Jul-2010
A non-derogating control order had been made without the disclosure required by the decision of the House of Lords in Secretary of State for the Home Department v AF (No. 3) [2009] UKHL 28; [2010] 2 AC 269. The issue was whether it should be . .
Cited – Regina (W2 and IA) v Secretary of State for The Home Department CA 19-Dec-2017
Whether a statutory appeal to the Special Immigration Appeals Commission (‘SIAC’) is, in the circumstances of this case, a practical, suitable and adequate alternative remedy to judicial review. . .
Cited – Kiarie and Byndloss, Regina (on The Applications of) v Secretary of State for The Home Department SC 14-Jun-2017
The court considered a challenge to the rules governing ‘out of country’ appeals against immigration decisions. They had in each case convictions leading to prison terms for serious drugs related offences.
Held: The appeals were allowed, and . .
Cited – S1, T1, U1 and V1 v Secretary of State for The Home Department CA 16-Jun-2016
The three appellants were deprived of their nationality when they were in Pakistan where they had been since 2009. One of their arguments before SIAC was that they had not been allowed to return to the UK to take part in their appeals. SIAC decided . .
Cited by:
Appeal from (CA) – Begum, Regina (on The Application of) v Special Immigration Appeals Commission and Another SC 26-Feb-2021
. .
Lists of cited by and citing cases may be incomplete.
Immigration, Human Rights, Administrative
Updated: 09 November 2021; Ref: scu.652570