Deprivation of British citizenship and withdrawal of passports Summary The Home Secretary has the power to take away a person’s British citizenship if they consider it conducive to the public good, or if the person obtained their citizenship by fraud. The power of citizenship deprivation is in section 40 of the British Nationality Act 1981. Citizenship deprivation happens for national security reasons or in cases of fraud Depriving someone of their British citizenship for the public good is generally used in the context of national security or counter-terrorism. The aim is to prevent a person who poses a threat to the United Kingdom from returning to the country, which they would otherwise have a right to do as a British citizen. For people who have naturalised as British, citizenship deprivation is permitted even if it would leave them stateless (that is, without the citizenship of any country). Someone who was born British and has no other nationality cannot be deprived of their citizenship in any circumstances. People must usually be given written notice and have a right of appeal The Home Secretary is usually required to give the person written notice. Notice can be withheld in certain circumstances, such as where it is considered reasonably necessary in the interests of national security. There is a right of appeal against citizenship deprivation. Appeals take place at the First-tier Tribunal or (in national security/terrorism cases) the Special Immigration Appeals Commission, SIAC. In SIAC appeals, sensitive evidence may be withheld from the appellant and their lawyer, and a ‘special advocate’ appointed to represent their interests instead. 4 Commons Library Research Briefing, 18 December 2024