The Shamima Begum citizenship controversy has brought the question of citizenship deprivation into the public conversation.
All of us within the boundaries of the United Kingdom agreed to accept the ‘Rule of Law’ that prevails in the United Kingdom.
For example, we accept:
- The sovereignty of Parliament to make laws
- The judiciary makes decisions when there is a dispute about those laws
- In certain defined circumstances, the state can exercise power by force over our bodies (normally through the police)
The ‘Rule of Law’ is therefore not just a legal concept – it is part of our unwritten constitution.
Shamima Begum must be treated according to the law. Our opinion of her, her actual actions, her alleged actions or her words is irrelevant.
Is Deprivation Lawful?
The newspapers say the Secretary of State cannot deprive someone of their British citizenship if that makes them ‘stateless’, as doing so would breach their human rights.
But there are two potential cases where they can.
Deprivation Conducive for Public Good
This reason for deprivation applies to Shamima Begum’s case. To understand it, we have to look at Section 40 of the British Nationality Act 1981:
‘(1) In this section a reference to a person’s “citizenship status” is a reference to his status as—
(a) a British citizen,
(b) a British overseas territories citizen,
(c )a British Overseas citizen,
(d) a British National (Overseas),
(e) a British protected person, or
(f) a British subject.
(2) The Secretary of State may by order deprive a person of a citizenship status if the Secretary of State is satisfied that deprivation is conducive to the public good.’
The Government’s guidance on the deprivation of citizenship defines ‘conducive to the public good’. They rule that the decision to deprive an individual of citizenship must be within the interests of the British Public as they or their conduct threatens the UK. They provide the following potential examples:
- Threat to national security, potentially regarding terrorism or hostile state activity
- Involvement in serious crime
- Involvement in war crimes, crimes against humanity and unacceptable behaviour
The Home Secretary (or another Secretary of State in their absence) makes this judgement, and the Home Office must evidence their reasoning.
However, the Secretary of State cannot make someone stateless unless their case meets the criteria stated in Section 40 (4) and (4A):
‘(4) The Secretary of State may not make an order under subsection (2) if he is satisfied that the order would make a person stateless.
(4A) But that does not prevent the Secretary of State from making an order under subsection (2) to deprive a person of a citizenship status if —
- the citizenship status results from the person’s naturalisation,
- the Secretary of State is satisfied that the deprivation is conducive to the public good because the person, while having that citizenship status, has conducted him or herself in a manner which is seriously prejudicial to the vital interests of the United Kingdom, any of the Islands, or any British overseas territory, and
- the Secretary of State has reasonable grounds for believing that the person is able, under the law of a country or territory outside the United Kingdom, to become a national of such a country or territory.’
The ‘and’ at the end of Section 40 (4A)(b) is conjunctive, which means the Secretary of State can only deprive under Section (b) if (c) applies.
In Shamima Begum’s case, the Home Office can make her stateless if she has a right to acquire Bangladeshi citizenship. She does not have to be a Bangladeshi citizen, just able to become one.
Deprivation Based on False Representation
Under Section 40(3) of the British Nationality Act 1981, the Home Secretary can also deprive an individual of citizenship if they are satisfied that they obtained it through fraud, false representation or concealment of material fact.
Statelessness does not prevent the deprivation of citizenship in this case. However, the Home Secretary should consider it as a crucial factor.
The standard of proof required is a balance of probabilities, although they must base this decision on concrete evidence, not speculation.
Exercising Discretion
The Home Secretary should always consider the European Convention on Human Rights when judging whether to deprive citizenship. The Convention cannot acquire citizenship, but the Secretary of State cannot unnecessarily interfere with an individual’s human rights in the decision-making process.
They must weigh the impact of deprivation and the individual’s rights against the reasons for deprivation and the public interest. Disruption to an individual’s life is not enough to prevent citizenship deprivation.
Written Notice
Section 40 (5) dictates that the Home Secretary must give written notice of citizenship deprivation via post, fax, email, document exchange, courier or by hand. If the individual is under 18, the Home Office must notify their legal guardian.
However, some cases are exempt from this requirement under the Nationality and Boarders Act 2022. For example, when reasonably necessary for national security or during the investigation or prosecution of a serious crime.
Right to Appeal
Every individual deprived of UK citizenship has the right to appeal the decision. Their appeal will occur in a First-Tier Tribunal or a Special Immigration Appeals Commission if the Home Secretary made the decision on national security grounds. In the latter case, evidence may be withheld from the applicant and their legal representatives; they will receive a special advocate to represent their interests.
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FAQ
What does deprivation of citizenship mean in the UK?
Citizenship deprivation means revoking a person’s British citizenship.
Can the UK government make a UK citizen stateless?
Technically, yes. The UK government can revoke an individual’s British citizenship if it is in the public’s interest and there is reason to believe that the individual can claim citizenship of a country or territory outside the UK.
Can you lose UK citizenship whilst living or retiring abroad?
Moving to live abroad does not affect your UK citizenship.
