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The British executive was dissatisfied with its 2002 powers due to failures to deprive in
certain cases. The Muslim cleric Abu Hamza was issued with a citizenship deprivation order
in 2003 due to radical preaching but SIAC decided that Hamza could be not deprived of
citizenship since he would be made stateless as Egypt, his country of original nationality,
had probably withdrawn it (Abu Hamza v. SSHD, SIAC, SC/23/2003). Another case concerns
David Hicks, an Australian national converted to Islam who was held in Guantanamo. In 2005,
he applied for registration as an UK national with the hope that the UK Government would
negotiate his release from prison, as it had done with other British citizens held there. The
SSHD announced the intention to deprive Hicks of citizenship since he had engaged in
behavior seriously prejudicial to the interests of the UK while receiving terrorist training. The
order was blocked in court on grounds that conduct prior to the acquisition of citizenship
was not enough to show current disaffection or disloyalty (SSHD v. David Hicks [2006] EWCA
Civ 400). These failures led to procedural changes that removed the suspensive effects of
appeals: as of 2004, citizenship deprivation orders have immediate effects, the deprived
citizen becomes a foreigner subject to immigration control and expulsion from the moment
the order is made (Mantu 2015, 220–224). If outside the UK when deprived of citizenship
(G1 v. SSHD [2010] EWCA Civ 867), an exclusion order can be made preventing the person
from entering the UK, leading to an out of country appeal. In those cases where the aim is
to remove citizenship to be able to expel the person concerned or prevent him from returning
to the UK, such practices can be seen as violating the prohibition of arbitrary deprivation of
nationality and the right to enter one’s own country.
Wider citizenship deprivation powers were introduced by the Immigration, Asylum and
Nationality Act 2006. The Act was proposed prior to the 2005 London attacks perpetrated by
‘home grown’ terrorists but its negotiation in Parliament was influenced by these events and
the need to deal with ‘terrorist’ citizens. The 2006 Act allowed the SSHD to issue a citizenship
deprivation order if satisfied that the measure was ‘conducive to the public good’.
Parliamentary debates portray citizenship deprivation as a counter-terrorism measure linked
to national security, which in itself was broadly constructed to include also ‘threats to individual citizens and to our way of life’ (Mantu 2015, 196). The Secretary of State explained
that ‘the whole point of the measure is to be able to remove certain people from the United
Kingdom, which currently we are unable to do’ (HC 2014, col 1043), as it would contravene
legal standards that prevent states from expelling own nationals. Conduciveness to the
public good is a test applicable to the expulsion of foreigners, which points toward a process
of legal fuzziness whereby protections generally associated with the legal status of citizenship are reformulated, while citizens and foreigners are seen as part of the same security
continuum (Bigo 2002). By relying on conduciveness to the public good to deprive of citizenship British dual nationals, the UK Government effectively equates them with foreigners
in as far as protection against deprivation is concerned. For the purposes of citizenship
deprivation, ‘conducive to the public good’ is not defined by law but the executive explained
its reach as including ‘involvement in terrorism, espionage, serious organized crime, war
crimes or unacceptable behaviors’ (Gower 2015). When tested in court, ‘conducive to the
public good’ was clarified only to the extent that it involves cases where deprivation is
deemed to be in the interests of national security. Al-Jedda is one of the few cases in which
British courts reviewed the limits of the SSHD to deprive on conducive to the public good
grounds. Mr. Al-Jedda entered the UK as an asylum seeker and later acquired UK citizenship.
In 2004, he was retained by coalition forces in Baghdad and detained without charges in