2017] Citizenship Stripping Laws in the UK, Canada and Australia 7 I I E NAC T M E N T , J U S T I F I C AT I O N A N D E F F I C AC Y O F R E VO C AT I O N L AWS I N T H E UK, C A NA DA A N D A U S T R A L IA A The UK 1 Laws Enacted Of the three countries in our study, the UK has had the longest history of relatively broad denationalisation laws. Such laws were first introduced in the aftermath of World War I and have since remained on UK statute books in some form.16 Prior to 2002, the Home Secretary was empowered to revoke the citizenship of a naturalised citizen where their citizenship had been acquired through fraud or misrepresentation, or on the basis of prescribed disloyalty grounds.17 However, this power could only be exercised where the Secretary was satisfied that retention of citizenship would not be ‘conducive to the public good’.18 In the post-World War II period, the power to revoke citizenship on disloyalty grounds was exercised very rarely, with the last instance of deprivation on disloyalty grounds in the 20th century occurring in 1973.19 In 1981, UK nationality law was redrafted in the form of the British Nationality Act 1981 (UK). Following vigorous parliamentary debate,20 this Act broadly retained the Secretary of State’s citizenship deprivation powers. However, this did not lead to any new uses of the power to revoke citizenship on disloyalty grounds, and UK denationalisation laws came to be regarded as ‘moribund’.21 In the 21st century, the UK has expanded and invoked denationalisation powers, and ‘has emerged as a global leader in using citizenship deprivation as a counterterrorism measure’.22 During this period, it broadened ministerial 16 See Gibney, ‘The Deprivation of Citizenship in the United Kingdom’ (n 12) 329–30. 17 See ibid. 18 British Nationality Act 1981 (UK) s 40(2). See also ibid 328. 19 The last citizen deprived of citizenship was Nicholas Prager, for spying for Czechoslovakia: United Kingdom, Parliamentary Debates, House of Lords, 9 October 2002, vol 639, col 281 (Lord Filkin); Gibney, ‘The Deprivation of Citizenship in the United Kingdom’ (n 12) 329. 20 See, eg, United Kingdom, Parliamentary Debates, House of Lords, 23 July 1981, vol 423, cols 366–411; United Kingdom, Parliamentary Debates, House of Lords, 13 October 1981, vol 424, cols 261–365. See also Gibney, ‘The Deprivation of Citizenship in the United Kingdom’ (n 12) 330. 21 Gibney, ‘The Deprivation of Citizenship in the United Kingdom’ (n 12) 330. 22 Pillai and Williams (n 9) 532. Advance Copy