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AB (British Citizenship: Deprivation; Deliallisi Considered) Nigeria: UTIAC 28 Sep 2016

UTIAC (1) As held in Deliallisi (British citizen: deprivation appeal: scope) [2013] UKUT 439 (IAC), in an appeal under section 40A of the British Nationality Act 1981 the Tribunal is required to determine the reasonably foreseeable consequences of deprivation. (2) Whilst the Tribunal considering a section 40A appeal cannot pre-judge the outcome of any future … Continue reading AB (British Citizenship: Deprivation; Deliallisi Considered) Nigeria: UTIAC 28 Sep 2016

Deliallisi (British Citizen: Deprivation Appeal: Scope) Albania: UTIAC 30 Aug 2013

UTIAC (1) An appeal under section 40A of the British Nationality Act 1981 against a decision to deprive a person of British citizenship requires the Tribunal to consider whether the Secretary of State’s discretionary decision to deprive should be exercised differently. This will involve (but not be limited to) ECHR Article 8 issues, as well … Continue reading Deliallisi (British Citizen: Deprivation Appeal: Scope) Albania: UTIAC 30 Aug 2013

Acts

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Regina v Secretary of State for the Home Department Ex Parte Ejaz: CA 7 Dec 1993

The question was whether the Secretary of State was entitled to treat a woman, who had obtained naturalisation as the wife of a British citizen, as an illegal entrant on the basis that her husband later turned out not in fact to be a British citizen. Held: The Secretary was not entitled to treat her … Continue reading Regina v Secretary of State for the Home Department Ex Parte Ejaz: CA 7 Dec 1993

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 appellant appealed saying that the notice would leave him stateless. Held: If the result of … Continue reading B2 v Secretary of State for The Home Department (Deportation – Preliminary Issue – Allowed): SIAC 26 Jul 2012

Al-Jedda v Secretary of State for The Home Department: CA 29 Mar 2012

The appellant had been deprived of his British Citizenship by an order of the respondent under the 1981 Act. That had meant that he was unable to return to the UK. He now appealed against refusal of his challenge to the order. Judges: Richards, Stanley Burnton, Gross LJJ Citations: [2012] EWCA Civ 358 Links: Bailii … Continue reading Al-Jedda v Secretary of State for The Home Department: CA 29 Mar 2012

Al-Jedda v Secretary of State for The Home Department: CA 12 Mar 2010

The claimant appealed against a decision withdrawing his British citizenship, saying that this would leave him stateless. Judges: Mummery, Maurice Kay, Hooper LJJ Citations: [2010] EWCA Civ 212 Links: Bailii Statutes: British Nationality Act 1981 40(4) Jurisdiction: England and Wales Citing: At CA (1) – Al-Jedda v Secretary of State for Defence CA 29-Mar-2006 The … Continue reading Al-Jedda v Secretary of State for The Home Department: CA 12 Mar 2010

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 the meaning of article 1(1) of the 1954 Convention relating to the Status of Stateless … Continue reading Pham v Secretary of State for The Home Department: SC 25 Mar 2015

Al-Jedda v Secretary of State for the Home Department: SIAC 7 Apr 2009

The appellant challenged an order made under the 1981 Act revoking his British citizenship, saying that it infringed his article 8 rights to family life. Judges: Mitting J Ch, Lane SIJ Citations: [2009] UKSIAC 66/2008 Links: Bailii Statutes: European Convention on Human Rights 8, British Nationality Act 1981 40 Citing: See Also – Al-Jedda, Regina … Continue reading Al-Jedda v Secretary of State for the Home Department: SIAC 7 Apr 2009

Al-Jedda v Secretary of State for the Home Department: SIAC 22 Oct 2008

The Court was asked whether or not the procedural protections afforded by Article 6(1) ECHRR as identified by the House of Lords in Secretary of State for the Home Department v MB [2007] UKHL 46 [2008] 1 AC 440 apply to the Appellant’s appeal against the decision of the Secretary of State to deprive him … Continue reading Al-Jedda v Secretary of State for the Home Department: SIAC 22 Oct 2008

Al-Jedda v Secretary of State for the Home Department: SIAC 23 May 2008

The appellant had been granted british citizenship. He now appealed against a an order under section 40(2) of the 1981 Act depriving him of his British citizenship on the ground that the respondent was satisfied that deprivation was conducive to the public good. Judges: Mitting J Ch, Lane SIJ Citations: [2008] UKSIAC 66/2008 Links: Bailii … Continue reading Al-Jedda v Secretary of State for the Home Department: SIAC 23 May 2008

D4, Regina (on The Application of) (Notice of Deprivation of Citizenship) v Secretary of State for The Home Department: CA 26 Jan 2022

Whether Regulation 10(4) of the British Nationality (General) Regulations 2003 (the ‘2003 Regulations’) is ultra vires. Regulation 10(4) permits the Home Secretary to serve notice of a decision to deprive a person of their citizenship under section 40 of the British Nationality Act 1981 (the ‘1981 Act’) by placing a copy of that notice on … Continue reading D4, Regina (on The Application of) (Notice of Deprivation of Citizenship) v Secretary of State for The Home Department: CA 26 Jan 2022

D4, Regina (on The Application of) v Secretary of State for The Home Department: Admn 30 Jul 2021

Whether statutory instrument used to deprive claimant of citizenship was ultra vires. Chamberlain J [2021] EWHC 2179 (Admin), [2021] WLR(D) 433 Bailii, WLRD British Nationality Act 1981 40(2)(5) 41(1), British Nationality (General) Regulations 2003 10(4), British Nationality (General) (Amendment) Regulations 2018 3 England and Wales Immigration, Administrative Updated: 12 January 2022; Ref: scu.666441

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 he had, by virtue of the order, been made stateless. The Secretary of … Continue reading Secretary of State for The Home Department v Al-Jedda: SC 9 Oct 2013

Begum v Special Immigration Appeals Commission and Others: CA 16 Jul 2020

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 … Continue reading Begum v Special Immigration Appeals Commission and Others: CA 16 Jul 2020

B2 v Secretary of State for The Home Department: CA 24 May 2013

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 … Continue reading B2 v Secretary of State for The Home Department: CA 24 May 2013

Hysaj and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 21 Dec 2017

The court was asked whether the misrepresentations made by the appellants in their applications for United Kingdom citizenship made the grant of that citizenship a nullity, rather than rendering them liable to be deprived of that citizenship under sections 40 and 40A of the British Nationality Act 1981. The respondent had now asked that the … Continue reading Hysaj and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 21 Dec 2017

Michalak v General Medical Council and Others: SC 1 Nov 2017

Dr M had successfully challenged her dismissal and recovered damages for unfair dismissal and race discrimination. In the interim, Her employer HA had reported the dismissal to the respondent who continued their proceedings despite the decision in her favour. The GMC now said that the availability of judicial review excluded her right to commence proceedings … Continue reading Michalak v General Medical Council and Others: SC 1 Nov 2017

Hysaj (Deprivation of Citizenship:Delay) Albania: UTIAC 19 Mar 2020

1. The starting point in any consideration undertaken by the Secretary of State (‘the respondent’) as to whether to deprive a person of British citizenship must be made by reference to the rules and policy in force at the time the decision is made. Rule of law values indicate that the respondent is entitled to … Continue reading Hysaj (Deprivation of Citizenship:Delay) Albania: UTIAC 19 Mar 2020

Home Office (Central Government): ICO 23 Aug 2021

The complainant has requested statistics relating to deprivation of British nationality pursuant to section 40(2) of the British Nationality Act 1981 (‘BNA’) from the Home Office. The Home Office refused to provide the requested information citing sections 22 (Information intended for future publication), 36(2)(c) (Prejudice to effective conduct of public affairs), 40(2) (Personal information) and … Continue reading Home Office (Central Government): ICO 23 Aug 2021

Regina v Secretary of State for Home Department ex parte Fayed: CA 13 Nov 1996

The nature of the Secretary of State’s objections and a chance to reply are to be given if the Secretary intends to deny an application for naturalisation. Administrative convenience cannot justify unfairness. The court deprecated ‘fishing expeditons’ by those seeking a judicial review.Woolf LJ MR said: ‘on an application for judicial review there is usually … Continue reading Regina v Secretary of State for Home Department ex parte Fayed: CA 13 Nov 1996

Hiri v Secretary of State for The Home Department: Admn 18 Feb 2014

The Claimant applied for judicial review of the Defendant’s decision to refuse his application for naturalisation as a British citizen, and subsequently confirmed on review. The reason for refusal was that the Defendant was not satisfied that he met the ‘good character’ requirement for naturalisation because of his conviction for a speeding offence which would … Continue reading Hiri v Secretary of State for The Home Department: Admn 18 Feb 2014

Arusha and Demushi (Deprivation of Citizenship – Delay) Albania: UTIAC 13 Mar 2012

UTIAC (i) The following rulings made by the First-tier Tribunal on the nature and scope of an appeal against the deprival of citizenship under s.40 of the British Nationality Act 1981 were not challenged by either party before the Upper Tribunal:(a) The Tribunal has a wide-ranging power to consider, by way of appeal not a … Continue reading Arusha and Demushi (Deprivation of Citizenship – Delay) Albania: UTIAC 13 Mar 2012

Al-Jedda v United Kingdom: ECHR 7 Jul 2011

Grand Chamber – The international measure relied on by the respondent state had to be interpreted in a manner that minimised the extent to which arbitrary detention was sanctioned or required. The court described its role in settling awards of compensation under the Convention: ‘The court recalls that it is not its role under article … Continue reading Al-Jedda v United Kingdom: ECHR 7 Jul 2011

Al-Jedda v Secretary of State for Defence: CA 29 Mar 2006

The applicant had dual Iraqi and British nationality. He was detained by British Forces in Iraq under suspicion of terrorism, and interned. Held: His appeal failed. The UN resolution took priority over the European Convention on Human Rights where there was a conflict between them. ‘If the Security Council, acting under Chapter VII, consider that … Continue reading Al-Jedda v Secretary of State for Defence: CA 29 Mar 2006

Al-Jedda v Secretary of State for Defence: CA 8 Jul 2010

Al Jedda, who had both Iraqi and British nationality, sought damages for unlawful imprisonment by reason of his detention by British forces in a military detention centre in Iraq. Judges: Arden LJ, Sir John Dyson, Elias LJ Citations: [2010] EWCA Civ 758, [2011] 2 WLR 225, [2011] QB 773 Links: Bailii Jurisdiction: England and Wales … Continue reading Al-Jedda v Secretary of State for Defence: CA 8 Jul 2010

Karassev v Finland: ECHR 12 Jan 1999

Admissibility. The arbitrary denial of citizenship may violate the right to respect for private life under Article 8. The Convention did not guarantee the right to acquire a particular nationality. Nevertheless, it did ‘not exclude that an arbitrary denial of citizenship might in certain circumstances raise an issue under article 8 of the Convention because … Continue reading Karassev v Finland: ECHR 12 Jan 1999

Secretary of State for the Home Department v Hicks: CA 12 Apr 2006

The claimant was held as a suspected terrorist by the US government in Guantanamo Bay. He had Australian citizenship but qualified also for British citizenship. He had sought that citizenship and protection. The secretary of state appealed an order recognising his citizenship as of right, relying upon a provision allowing him to deprive someone of … Continue reading Secretary of State for the Home Department v Hicks: CA 12 Apr 2006

Regina v Secretary of State for Home Department ex parte Mario Montana: Admn 23 Nov 2000

The distinction made in British nationality law, between the relationships of mother and child, and that of father and child, when the parents were not married, was not a breach of the human right to a family life. The claimant suggested that the rule was discriminatory both as sex discrimination, and as discrimination against the … Continue reading Regina v Secretary of State for Home Department ex parte Mario Montana: Admn 23 Nov 2000

Hilal Al-Jedda: SIAC 18 Jul 2014

lSIAC Deprivation of Citizenship : Preliminary Issue Judges: Flaux J, Ward UTJ, Sir Stewart Eldon Citations: [2014] UKSIAC SC – 66 – 2008 Links: Bailii Statutes: British Nationality Act 1981 Jurisdiction: England and Wales Citing: See Also – Al-Jedda, Regina (on the Application of) v Secretary of State for Defence Admn 12-Aug-2005 The claimant was … Continue reading Hilal Al-Jedda: SIAC 18 Jul 2014

Al-Jedda v Secretary of State for The Home Department (Deprivation of Citizenship Directions – Oral Ruling ): SIAC 7 Feb 2014

Order Judges: Irwin J Citations: [2014] UKSIAC 66/2008 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Al-Jedda, Regina (on the Application of) v Secretary of State for Defence Admn 12-Aug-2005 The claimant was born an Iraqi, but had been granted British Nationality. He was later detained in Iraq suspected of membership of a … Continue reading Al-Jedda v Secretary of State for The Home Department (Deprivation of Citizenship Directions – Oral Ruling ): SIAC 7 Feb 2014

Hilal Al-Jedda v Secretary of State for The Home Department: SIAC 26 Nov 2010

Deprivation of Citizenship – Substantive – Dismissed Judges: Keith J (Ch), Jordan SIJ Citations: [2010] UKSIAC 66/2008 Links: Bailii Jurisdiction: England and Wales Citing: At CA (1) – Al-Jedda v Secretary of State for Defence CA 29-Mar-2006 The applicant had dual Iraqi and British nationality. He was detained by British Forces in Iraq under suspicion … Continue reading Hilal Al-Jedda v Secretary of State for The Home Department: SIAC 26 Nov 2010

Al-Jedda v The United Kingdom: ECHR 2 Mar 2009

The claimant, an Iraqi and British national complained of his arrest and internment on suspicion of terrorist involvement. Citations: 27021/08, [2009) ECHR 408 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Al-Jedda, Regina (on the Application of) v Secretary of State for Defence Admn 12-Aug-2005 The claimant was … Continue reading Al-Jedda v The United Kingdom: ECHR 2 Mar 2009

Regina v Secretary of State for Home Department ex parte Naheed Ejaz: QBD 23 Jul 1993

Using somebody else’s British passport, the applicant’s husband had masqueraded as a British citizen. The applicant had applied under section 6(2) of the 1981 Act for naturalisation as a British citizen on the ground that she was married to a British citizen and she had duly obtained a certificate of naturalisation. Held: Although her husband … Continue reading Regina v Secretary of State for Home Department ex parte Naheed Ejaz: QBD 23 Jul 1993

Al-Jedda, Regina (on the Application of) v Secretary of State for Defence: Admn 12 Aug 2005

The claimant was born an Iraqi, but had been granted British Nationality. He was later detained in Iraq suspected of membership of a terrorist group. No charges were brought, and he complained that his article 5 rights were infringed. The defendant argued that UN resolution 1546 requiring it to maintain order in Iraq displaced the … Continue reading Al-Jedda, Regina (on the Application of) v Secretary of State for Defence: Admn 12 Aug 2005

Al-Jedda v Secretary of State for Defence: QBD 5 Mar 2009

The claimant, an Iraqi/British national complained of his detention in Iraq by the defendant without any due process. Judges: Underhill J Citations: [2009] EWHC 397 (QB) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Al-Jedda, Regina (on the Application of) v Secretary of State for Defence Admn 12-Aug-2005 The claimant was born an … Continue reading Al-Jedda v Secretary of State for Defence: QBD 5 Mar 2009

BA (Deprivation of Citizenship: Appeals) Ghana: UTIAC 24 Jan 2018

(1) In an appeal under section 40A of the British Nationality Act 1981, the Tribunal must first establish whether the relevant condition precedent in section 40(2) or (3) exists for the exercise of the Secretary of State’s discretion to deprive a person (P) of British citizenship. (2) In a section 40(2) case, the fact that … Continue reading BA (Deprivation of Citizenship: Appeals) Ghana: UTIAC 24 Jan 2018

Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004

The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious faiths. Held: A distinction was to be made between domestic cases involving actions within … Continue reading Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004

Pirzada (Deprivation of Citizenship: General Principles : Afghanistan): UTIAC 20 Apr 2017

(i) The Secretary of State has two separate powers of deprivation, exercisable on different grounds, as set out in sub-ss (2) and (3) of s 40 of the British Nationality Act 1981. (ii) The power under s 40(2) arises only if the Secretary of State is satisfied that deprivation is conducive to the public good. … Continue reading Pirzada (Deprivation of Citizenship: General Principles : Afghanistan): UTIAC 20 Apr 2017

Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General: SCS 11 Sep 2019

(First Division, Inner House) The reclaimer challenged dismissal of her claim for review of the recent decision for the prorogation of the Parliament at Westminster. Held: Reclaim was granted. The absence of reasons allowed the court to infer that the reason for the prorogation was unlawful.‘It was the role of the courts to protect Parliament. … Continue reading Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General: SCS 11 Sep 2019

Al-Jedda, Regina (on the Application of) v Secretary of State for Defence (JUSTICE intervening): HL 12 Dec 2007

The appellant who had dual Iraqi and British nationality complained of his detention by British troops in Iraq. He was not charged with any offence, but was detained on the ground that his internment is necessary for imperative reasons of security in Iraq as a suspected terrorist. It was said that the detention was attributable … Continue reading Al-Jedda, Regina (on the Application of) v Secretary of State for Defence (JUSTICE intervening): HL 12 Dec 2007

S, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper: HL 22 Jul 2004

Police Retention of Suspects DNA and Fingerprints The claimants complained that their fingerprints and DNA records taken on arrest had been retained after discharge before trial, saying the retention of the samples infringed their right to private life. Held: The parts of DNA used for testing are not generally capable of revealing medical information about … Continue reading S, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper: HL 22 Jul 2004

Ciceri (Deprivation of Citizenship Appeals: Principles) Albania: UTIAC 8 Sep 2021

Deprivation of Citizenship Principles on Appeal Following KV (Sri Lanka) v Secretary of State for the Home Department [2018] EWCA Civ 2483, Aziz v Secretary of State for the Home Department [2018] EWCA Civ 1884, Hysaj (deprivation of citizenship: delay) [2020] UKUT 128 (IAC), R (Begum) v Special Immigration Appeals Commission [2021] UKSC 7 and … Continue reading Ciceri (Deprivation of Citizenship Appeals: Principles) Albania: UTIAC 8 Sep 2021