Three British-Bangladeshis win appeal against removal of UK citizenship

[AtW]

“All three appealed against the removal of their British citizenship at the Special Immigration Appeals Commission – a specialist tribunal that hears challenges to decisions to remove someone’s British citizenship on national security grounds.

In a ruling, Mr Justice Chamberlain said: “C3, C4 and C7 have persuaded us that, on the dates when the decisions and the orders in their cases were made, they were not nationals of Bangladesh or any other state apart from the UK. This means that orders depriving them of their British citizenship would make them stateless.”

The judge added: “The secretary of state had no power to make orders with that effect. For that reason – and that reason alone – the appeals against the decisions to make those orders succeed.”

https://www.theguardian.com/politics...uk-citizenship

The whole practice of stripping British citizenship for anything other than fraud in application is perverse and completely unBritish - it’s what Soviet Union did

[TwoWolves]

It looks that although they may not have had Bangladeshi citizenship they were in fact eligible to apply, but simply chose not to. The article omits this important fact.

My wife is Spanish, my daughter has a Spanish passport - because Mum applied. Voila!

[AtW]

So anybody with Irish roots can be stripped of their British citizenship because they will be able to apply for one (and live in Ireland)?

International law is pretty clear on this - stripping of citizenship to make somebody stateless is not legal, it's not even bending it to say - "they could apply", what would they put on their application form - "Can I have your citinzeship because Brititan stripped me from theirs on the basis I am an alleged terrorist?"

[vetran]

I'm all for Shemumma beggum and similar to spend their lives in prison convicted of treason (subject of course to a trial) this removing of citizenship is rather unpleasant. Lots of people shouldn't have citizenship but stripping them of it without due cause is worrying.

[mattster]

It looks that although they may not have had Bangladeshi citizenship they were in fact eligible to apply, but simply chose not to. The article omits this important fact.

Perhaps the article omits it because it is not relevant? Being eligible to apply for citizenship is not equal to having citizenship, therefore as a simple matter of law they would have been stateless if stripped of British citizenship. That's really all there is to it.

[NotAllThere]

It looks that although they may not have had Bangladeshi citizenship they were in fact eligible to apply, but simply chose not to. The article omits this important fact.

But I'm fairly sure the judges didn't omit that fact, as it was the key point that the Home Secretaries decision relied upon.

The fact that it isn't in the article is entirely irrelevant. The judges have ruled on the law. The matter is closed.

[eek]

But I'm fairly sure the judges didn't omit that fact, as it was the key point that the Home Secretaries decision relied upon.

The fact that it isn't in the article is entirely irrelevant. The judges have ruled on the law. The matter is closed.

Not really as this case is all about Shamima Begum the only difference is that she currently isn't in the UK.

But the idea that we screw up telling people the difference between what is right and wrong and then try to offload our failures to a country they've never been to is just wrong

[vetran]

Not really as this case is all about Shamima Begum the only difference is that she currently isn't in the UK.

But the idea that we screw up telling people the difference between what is right and wrong and then try to offload our failures to a country they've never been to is just wrong

Does the individual take no responsibility? Are you saying that she was unaware that taking her sisters passport and going to join a blood thirsty terrorist group that was killing British soldiers may not be popular with the law?

[mattster]

Does the individual take no responsibility? Are you saying that she was unaware that taking her sisters passport and going to join a blood thirsty terrorist group that was killing British soldiers may not be popular with the law?

None of that is relevant, and she will certainly be punished if she returns to the UK. The issue is that international law states that you cannot strip someone of citizenship if that would leave the person stateless. As the judge in this case said, "for that reason, and for that reason alone" the case is decided. It shouldn't really be controversial.

[malvolio]

Worth remembering that Begum has Bangladeshi citizenship under their laws by virtue of having Bangladeshi parents. The fact that the country won't let her in is irrelevant. So in her case, she hasn't been made stateless.

As for "personal responsibility", she was 15 and listening to all sorts of stupid advice when she left so may be forgiven. She is a lot older now, has lived a lot and should presumably be aware of why she is in such trouble. So perhaps a recognition of the mistake and a retraction of the support for ISIS might be a good first step...