Deprivation of British citizenship and withdrawal of passports 4 Withdrawal of passport facilities A British passport is different from British citizenship. The passport does not confer citizenship; it is merely evidence of it. In practice, however, it can be difficult to prove British citizenship in day-to-day life without a passport. Passports are issued at the discretion of the Home Secretary under the royal prerogative (an executive power which does not require legislation). 79 They can be withdrawn, cancelled or refused through the use of the same discretionary power. 80 Withdrawal of passports is used to prevent British citizens from travelling abroad in the first place. Temporary exclusion orders can be used to manage the return of British citizens to the UK. 81 4.1 Policy on using royal prerogative power The policy on when passports will be withdrawn under the exercise of prerogative powers is set out in a written ministerial statement by the then Home Secretary, Theresa May, in April 2013. 82 This remains the policy today. 83 The range of scenarios in which a passport might be refused or withdrawn is much wider than for deprivation of citizenship. It covers children who might be removed from the country in breach of a family court order, or where someone is wanted for a serious crime and may wish to flee abroad. But similar to deprivation of citizenship, there is a general discretion to withdraw a passport where the Home Secretary is “satisfied that it is in the public interest”. Theresa May’s full written statement says: A decision to refuse or withdraw a passport must be necessary and proportionate. The decision to withdraw or refuse a passport and the reason for that decision will be conveyed to the applicant or passport holder. The 79 80 81 82 83 21 HM Passport Office, Royal Prerogative: caseworker guidance, version 6.0, 27 September 2022; R (XH and AI) v Secretary of State for the Home Department [2017] EWCA Civ 41, 2 February 2017, paragraph 31; Scott PF, “Passports, the right to travel, and national security in the Commonwealth”, (2020) 69(2) International and Comparative Law Quarterly 365 Withdrawal and cancellation of a passport are the same thing: R (XH and AI) v Secretary of State for the Home Department [2017] EWCA Civ 41, 2 February 2017, paragraph 33 See Library briefing CBP-8519, Returning foreign fighters Written statement [on Passports], 25 April 2013 HM Government, Counter-Terrorism Disruptive Powers Report 2023, CP 1212, 28 November 2024, p21 Commons Library Research Briefing, 18 December 2024