2017]
Citizenship Stripping Laws in the UK, Canada and Australia
9
‘vital interests of the United Kingdom’ test, as well as a number of other safeguards, such as the protection against statelessness and provision for automatic
legal appeals.30
In 2006, following the London suicide bombings on 7 July 2005, the threshold for citizenship deprivation was further lowered by granting the Home Secretary the power to revoke citizenship whenever he or she believed that citizenship deprivation would be ‘conducive to the public good’.31 The legislative protections against statelessness remained intact so, in practice, the deprivation
power could only be exercised against dual citizens.
The ‘conducive to the public good’ standard remains the general threshold
for citizenship revocation today. However, in controversial changes introduced
in 2014, the Home Secretary was granted the power to revoke in certain circumstances the citizenship of UK nationals with no other citizenship.32
Section 40(4A) of the British Nationality Act now provides that the Home
Secretary may deprive a naturalised British citizen of their citizenship where he
or she believes this would be ‘conducive to the public good’, even if that person
would become stateless as a result. However, this power can only be exercised
if the Home Secretary is satisfied that depriving the person of citizenship is for
‘the public good’ because, while they held citizenship status, they conducted
themselves ‘in a manner which is seriously prejudicial to the vital interests of
the United Kingdom, any of the Islands, or any British overseas territory’.33 Additionally, the Home Secretary must have ‘reasonable grounds for believing that
the person is able … to become a national of [a foreign] country or territory’
under the law of that country or territory.34
While the threshold for revocation is much higher when statelessness may
ensue, the 2014 expansions to UK revocation law have been regarded as remarkable in their breadth. As a result of these expansions, it has been suggested
30
See Gibney, ‘The Deprivation of Citizenship in the United Kingdom’ (n 12) 330–2. Gibney
explains that the ‘combination of expansion and contraction’ of the UK’s citizenship stripping
powers in the 2002 Act was influenced by a desire to comply with the European Convention on
Nationality, opened for signature 6 November 1997, ETS No 166 (entered into force 1 March
2000): Gibney, ‘The Deprivation of Citizenship in the United Kingdom’ (n 12) 332.
31
Immigration, Asylum and Nationality Act 2006 (UK) s 56(1), amending British Nationality Act
1981 (UK) s 40(2).
32
Immigration Act 2014 (UK) s 66(1), inserting British Nationality Act 1981 (UK) s 40(4A).
33
British Nationality Act 1981 (UK) s 40(4A)(b).
34
Ibid s 40(4A)(c). For an analysis of the UK citizenship-stripping provisions and the circumstances in which they are used, see Terry McGuinness and Melanie Gower, ‘Deprivation of
British Citizenship and Withdrawal of Passport Facilities’ (Briefing Paper No 06820, 9 June
2017) 5.
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