Revocation of British Citizenship
In our blog of 14 January, we discussed cancellation/revocation of visas or settlement status. This time we are discussing the revocation of British citizenship.
As we explained, the Home Office can relatively easily cancel a migrant’s visa or settlement status and rights of challenge are limited. In some cases a challenge is bound to fail, because the law is so strongly on the Home Office’s side, and in other cases it is possible but difficult.
With revocation of British citizenship however there is always the right to appeal to an immigration tribunal and there is the further potential right to the higher courts if the appeal to the tribunal is unsuccessful.
Readers may be familiar with the recent case of Shamima Begum, in which a British-born schoolgirl of Bangladeshi background was deprived of her British citizenship because of her connections in Syria with ISIS. She was deprived of her citizenship on the grounds of it being “conducive to the public good”. Her case followed the appeal route but was ultimately unsuccessful before the Supreme Court.
Many people will surely have been shocked or surprised that somebody born a British citizen can have their citizenship removed. But in one case this is possible: where the person holds – or is able by right to acquire – citizenship of another country. This is legal under provisions of the British Nationality Act 1981.
We must add that if the person does not have any other nationality, or the possibility thereof, it would not be possible for the Home Office to remove their British citizenship in the same way. But we should also add that the Home Office has very broad powers to revoke British citizenship if it is deemed to have been obtained fraudulently or dishonestly.
These cases can be difficult and complex. If you want advice about this we at GSN Immigration will do our best to assist you.
Oliver Westmoreland
Senior Immigration Lawyer