2017]
Citizenship Stripping Laws in the UK, Canada and Australia
17
The right of abode can be limited by restrictions that are lawfully imposed.75
In January 2015, the Counter-Terrorism and Security Act 2015 (UK) (‘CTSA’)
introduced a suite of new administrative powers designed to facilitate exclusion
and the disruption of the mobility of persons deemed to pose a security risk.
One of the key features of the CTSA is the Temporary Exclusion Order (‘TEO’)
— an order which the Home Secretary may issue to prevent a citizen outside
the UK from returning to the UK for a two-year period.76 After, or during, this
period additional TEOs may be imposed.77 In order to issue a TEO, the Home
Secretary must be satisfied of five criteria.78 Most significantly, he or she must
‘reasonably suspect[] that the individual is, or has been, involved in terrorismrelated activity outside the United Kingdom’,79 and ‘reasonably consider[] that
it is necessary, for purposes connected with protecting members of the public
in the United Kingdom from a risk of terrorism’.80
The TEO regime has the capacity to lock a citizen out of the UK indefinitely.
There is no limit to the number of times that an additional TEO can be imposed
on top of the initial two-year order. However, the primary purpose of the
scheme is not exile but is to provide a mechanism via which excluded citizens
can return to the UK in a managed way. A citizen subject to a TEO can apply
for a permit to re-enter the UK, which will typically be granted,81 but can be
made subject to conditions with which the citizen must comply for the permit
to remain valid.82 Such conditions can include obligations incumbent upon the
75
Ibid.
76
Counter-Terrorism and Security Act 2015 (UK) ss 2(1), 2(5), 4(3)(b) (‘CTSA’). TEOs can also
apply to non-citizens who have a right of abode in the UK: at s 2(6).
77
Ibid s 4(8).
78
Ibid ss 2(2), 2(3)–(7).
79
Ibid s 2(3).
80
Ibid s 2(4). Other conditions are that the Secretary of State reasonably considers that the individual is outside the UK, and that the individual has a right of abode in the UK: at ss 2(5)–(6).
Finally, the Secretary of State must either obtain permission to impose a TEO, or ‘reasonably
consider[] that the urgency of the case requires a [TEO] to be imposed without obtaining
[prior judicial] permission’: at s 2(7). See also Zedner, ‘Citizenship Deprivation, Security and
Human Rights’ (n 12) 228; Jessie Blackbourn and Clive Walker, ‘Interdiction and Indoctrination: The Counter-Terrorism and Security Act 2015’ (2016) 79 Modern Law Review 840,
849–56; Helen Fenwick, ‘Responding to the ISIS Threat: Extending Coercive Non-Trial-Based
Measures in the Counter-Terrorism and Security Act 2015’ (2016) 30 International Review of
Law, Computers and Technology 174, 176–8.
81
CTSA (n 76) s 6(1). The permit can, however, be denied if the Secretary of State requests that
the citizen attend an interview with a constable or immigration officer and the citizen fails to
attend: at s 6(2).
82
Ibid ss 5(2)–(3).
Advance Copy