2020
Statelessness & Citizenship Review
2(1)
registered as immigrants. 22 Bawdon follows a number of individual stories before
and after the scandal reached the media. The stories show how, after the Hostile
Environment left the victims often homeless or indigent, the publicity of the
scandal improved their condition, forcing the government to revise the policy and
offer compensation for those damaged. However, the stories collected also show
how even after the scandal some of the victims found it difficult to obtain the
compensation to which they were entitled, or were priced out from applying for
naturalisation. 23
Devyani Prabhat’s introduction and conclusion offer a larger theoretical frame
for the volume as a whole. 24 Prabhat argues that citizenship is made fragile by two
phenomena: the blurring between immigration and citizenship law, and the
introduction of exceptional measures that suspend guarantees of rights. 25 The
Windrush Scandal is an example of this immigration/citizenship blurring, as
immigration measures included in the Hostile Environment have infringed the
citizenship rights of the victims. Prabhat further extends the discussion to the
decision by the British government in 1972 to initially disregard the status of
Citizens of the UK and colonies (a lesser status than full UK citizenship, but still
including a UK passport) of many of the East African Asians expelled from
Uganda. 26 Disregarding the status and denying them access to the UK was indeed
an example of exceptional suspension of citizenship rights. Exceptional
suspension of rights — for reasons linked to national security, but not exclusively
— is the second source of fragility for citizenship, as in the case of the deprivation
of UK citizenship for an increasingly large number of infractions, as also discussed
in the chapter by Yeo. The overall picture that Prabhat draws on the basis of the
individual contributions to the volume is one of fragile citizenship that can be lost
(as in the cases of Windrush, citizenship deprivation or Brexit) and that is exposed
to immigration controls, from the limitations to citizenship enacted against former
colonial subjects, to the contemporary Hostile Environment practices.
What the book offers is, on the one hand, a series of focused analyses on the
major issues linked to UK citizenship law. On the other, as the cases include the
transmission, acquisition and loss of citizenship, as well as the different relations
between citizenship and immigration law, the book works well as a comprehensive
exploration of contemporary UK citizenship. The integration of legal analyses
with approaches taken from other disciplines make the book of interest for a large
readership. Further, several of the phenomena discussed, including, but not limited
to, the legacy of colonial citizenship, the extension of citizenship deprivation and
the links between immigration control and citizenship rights, are of interest
beyond the UK focus of the book.
22
23
24
25
26
ibid 175.
ibid 178–82.
Devyani Prabhat, ‘The Blurred Lines of British Citizenship and Immigration Control: the
Ordinary and the Exceptional’ in Devyani Prabhat (ed), Citizenship in Times of Turmoil:
Theory, Practice and Policy (Edward Elgar 2019) 198, 198–99.
ibid 199–200.
ibid 201.
188