12
K2 v. THE UNITED KINGDOM DECISION
the necessary procedural safeguards, including whether the person deprived
of citizenship was allowed the opportunity to challenge the decision before
courts affording the relevant guarantees; and whether the authorities acted
diligently and swiftly (see Ramadan v. Malta, cited above, §§ 86-89). In
view of the relevance of procedural safeguards to the assessment of
arbitrariness, the Court considers that in the present case it would be
artificial to separate the applicant’s substantive and procedural complaints.
It will therefore address these complaints together.
51. Although the applicant does not appear to have invoked the
guarantees under the procedural limb of Article 8 either in the judicial
review proceedings or before SIAC, in view of the fact that the procedural
and substantive complaints are not easily separated, and in light of its
findings at paragraphs 52-67 below, the Court does not need to reach any
firm conclusion on whether the applicant has exhausted domestic remedies
in respect of his procedural complaint within the meaning of Article 35 § 1
of the Convention.
(a) Arbitrariness
i. Was the deprivation in accordance with the law?
52. It is not suggested that the decision to deprive the applicant of his
citizenship was anything other than “in accordance with the law”. Pursuant
to section 40(2) of the 1981 Act the Secretary of State has a power to make
an order depriving a person of his British citizenship on the ground that the
deprivation is “conducive to the public good” (see paragraph 36 above). In
addition, the Crown enjoys a common law prerogative power to exclude a
person from the United Kingdom. Although in the judicial review
proceedings the applicant argued that the statutory scheme impliedly
precluded the exercise of the prerogative power to exclude an individual on
conducive grounds while an appeal against deprivation of citizenship was
pending (see paragraphs 9 and 15 above), both the High Court and the Court
of Appeal found that the relevant legislation could not be so construed (see
paragraphs 12 and 15 above). The applicant does not repeat that complaint
before this Court and, in any event, the Court has repeatedly stated that the
interpretation of domestic legislation is primarily a matter for the national
courts (see, among many examples, Söderman v. Sweden [GC],
no. 5786/08, § 102, ECHR 2013 and Nejdet Şahin and Perihan Şahin
v. Turkey [GC], no. 13279/05, § 49, 20 October 2011). Furthermore, the
applicant did not contest the foreseeability or quality of the law either before
the domestic courts or before this Court.
ii. Did the authorities act diligently and swiftly?
53. Furthermore, there is no evidence of any failure on the part of the
Secretary of State to act diligently and swiftly in deciding to deprive the