Deprivation of British citizenship and withdrawal of passports The “seriously prejudicial” type of deprivation can be used for British citizens by birth, not just naturalised/registered citizens. But it cannot be used if the person would be left stateless. All six forms of British nationality, not just ‘full’ British citizenship, can now be taken away.60 The government argues that the old 1981 Act “discriminates against those who have acquired citizenship by registration or naturalisation, marking them out as “potentially, second-class citizens compared with those who have acquired it by birth”. 61 Ministers also respond to concerns about how the powers would be used. Home Office minister Lord Filkin gives a “categorical assurance” that the powers would not be used as an alternative to criminal prosecution (such as under anti-terrorism legislation) if the Director of Public Prosecutions thought there was enough evidence to prosecute. 62 4 April 2005 Schedule 2, part 1, paragraph 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 comes into force. It repeals the rule that a deprivation order does not take effect while an appeal is pending. 63 Barrister Amanda Weston says this amendment was “hidden away” and attracted no parliamentary scrutiny. 64 16 June 2006 Section 56 of the Immigration, Asylum and Nationality Act 2006 comes into force. It changes the test for deprivation from “seriously prejudicial to the vital interests of the United Kingdom” to “conducive to the public good”.65 Critics say the change reduces the threshold for making deprivation of citizenship orders. 66 The government says the change is an “essential” part of its response to the 7 July 2005 terrorist attacks in London. 67 In addition, section 57 of the 2006 Act provides for the deprivation of the right of abode. 60 61 62 63 64 65 66 67 18 Nationality, Immigration and Asylum Act 2002, section 4 HL Deb 8 July 2002 c503 HL Deb 9 October 2002 c282 Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, schedule 2 Institute of Race Relations, Deprivation of citizenship – by stealth, 9 June 2011 Immigration, Asylum and Nationality Act 2006, section 56 For example, Joint Committee on Human Rights, Counter-Terrorism Policy and Human Rights: Terrorism Bill and related measures (PDF), HC 561-I, 5 December 2005, paragraphs 159-164 Immigration, Nationality and Asylum Bill Deb 27 October 2005 cc251-256. The bill was first introduced on 22 June 2005 – several weeks before the London bombings – and did not originally address citizenship deprivation at all. Commons Library Research Briefing, 18 December 2024