2. Institutionalised Arbitrariness State Practice: Effective Remedy in Citizenship Revocation Cases State practice across jurisdictions emphasize the importance of effective remedies in citizenship revocation cases, highlighting the role of judicial oversight or judicial guarantees in administrative processes: African Practice Countries like Gambia, Ghana, and South Africa ensure judicial recourse in nationality cases, while others, including Comoros and Mozambique, provide for appeals to courts against administrative decisions.92 Australia Citizenship revocation decisions by the Minister are subject to review by the High Court or Federal Court under the Judiciary Act, 1903. Revocations based on terrorism or fraud must comply with procedural safeguards, including ensuring no resultant statelessness.93 Canada Citizenship revocation due to fraud requires judicial involvement. The Federal Court oversees revocation cases, ensuring procedural fairness, including oral hearings, impartial decision-makers, and an opportunity to present and challenge evidence.94 Dominican Republic Nationality decisions are contestable in regular civil courts. The Inter-American Commission has critiqued inadequate due process in cases involving Dominicans of Haitian descent, highlighting the need for fair trials and effective judicial mechanisms.95 Ecuador Judicial review is mandatory for nationality withdrawal. The Constitutional Court has upheld due process requirements, emphasizing public hearings and state accountability in administrative processes.96 France Denial of nationality certificates by the Chief Clerk can be appealed before a judicial tribunal, ensuring applicants understand the grounds for denial and available remedies.97 Germany Administrative decisions on nationality are binding but subject to appeal in administrative courts, which operate under fairness safeguards, such as access to evidence and reasoned judgments.98 Ireland Citizenship revocation involves written notice, hearings before a Committee of Inquiry, and judicial procedures, including evidence submission and witness examination.99 Kenya Citizenship revocation decisions by the Cabinet Secretary must include written, reasoned notice and allow for contestation. Appeals are permitted to the High Court.100 United Kingdom Revocation decisions by the Home Secretary can be challenged before the First-tier Tribunal or the Special Immigration Appeals Commission (SIAC), with subsequent appeals to regular courts.101 SIAC panels include judicial and security-cleared experts. United States Revocation of naturalized citizenship is adjudicated by regular civil or criminal courts, ensuring judicial oversight and adherence to procedural safeguards. Zambia Determination of nationality for children involves judicial proceedings in the Children’s Court, underscoring the role of judicial processes even in age and parentage disputes.102 These examples confirm that effective remedies in citizenship cases must involve either judicial review or administrative processes incorporating robust judicial guarantees, such as impartiality, fairness, and access to appeal. Judicial safeguards are crucial where the right to nationality is at stake, given its profound implications for other human rights. 92 Bronwen Manby, Citizenship Law in Africa: A Comparative Study (1st edn, African Minds 2010) 9; Bronwen Manby, ‘Citizenship and Statelessness in the Member States of the Southern African Development Community’ (UNHCR 2020). Judiciary Act 1903 (UK), s 39B. See also s 36K: If a court finds that the event which is the basis of citizenship cessation did not occur, the determination of cessation is revoked. 94 Citizenship Act 1985 (Canada) s 10.7. 95 Case of Expelled Dominicans and Haitians v. Dominican Republic Inter-American Court of Human Rights Series C No 282 (28 August 2014). 96 Judgment No. 335-13-JP/20 12 August 2020 (Constitutional Court of Ecuador). 97 H Flavier and Ch Froger, ‘Administrative Justice in France. Between Singularity and Classicism’ (2016) 3 BRICS Law Journal 80, 86. 98 Chapter 6 of the Code of Administrative Court Procedure (VwGO) entitles persons to challenge administrative decisions, including those relating to citizenship, in an administrative court. See also Administrative Court Regulations (VwGO) 1960. 99 Ali Charaf Damache v. Minister for Justice [2020] IESC 63 (Supreme Court of Ireland). 100 Kenya Citizenship and Immigration Act 2011, s 21(1). 101 The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 (UK); Special Immigration Appeals Commission (Procedure) Rules 2003 (UK). 102 Bronwen Manby, ‘Citizenship and Statelessness in the Member States of the Southern African Development Community’ (n 92) 21. 93 47