Deprivation of British citizenship and withdrawal of passports
21 April 2016
The Independent Reviewer of Terrorism Legislation, David Anderson KC,
publishes a statutory review of Citizenship removal resulting in statelessness.
This had been provided for under section 66 of the 2014 Act, in response to
concerns raised about the power to make people stateless in “conducive to
the public good” cases. 73
The review covers the period 30 July 2014 to 29 July 2015. 74 The power was not
used during the review period (and has not been used since). 75 Mr Anderson’s
report instead summarises the evolution of the statelessness power and
identifies some of the legal and practical issues that might arise if it were
used.
9 August 2018
The British Nationality (General) (Amendment) Regulations 2018 come into
force. Regulation 3 amends the rules on serving written notice of citizenship
deprivation to allow electronic methods, such as email.
The amendment also allows deemed service of notice. If the person’s
whereabouts are unknown and the Home Office does not have a current
address for them or a representative, notice can be given by an official
placing a note on file. 76
30 July 2021
The High Court finds deemed service to be unlawful. Placing a notice on file
does not, the court holds, “give the person written notice” as required by
section 40(5) of the 1981 Act. 77
10 May 2023
Section 10 and Schedule 2 of the Nationality and Borders Act 2022 come into
force. These provisions permit citizenship deprivation without notice, in
certain circumstances and subject to safeguards (see section 1.2 above). 78
73
74
75
76
77
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20
HC Deb 7 May 2014 c199
As provided for by section 40B(1)(a) of the 1981 Act, inserted by section 66 of the 2014 Act. It came
into force on 28 July 2014.
PQ HL2788 [on British Nationality], answered on 12 March 2024
British Nationality (General) (Amendment) Regulations 2018, SI 2018/851, regulation 3
R (D4) v Secretary of State for the Home Department [2021] EWHC 2179 (Admin), 30 July 2021.
Upheld by the Court of Appeal in R (D4) (Notice of Deprivation of Citizenship) v Secretary of State for
the Home Department [2022] EWCA Civ 33, 26 January 2022
Nationality and Borders Act 2022, section 10 and schedule 2, commenced by The Nationality and
Borders Act 2022 (Commencement No. 6) Regulations 2023, SI 450/2023
Commons Library Research Briefing, 18 December 2024
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