50
N. KAPOOR AND K. NARKOWICZ
Parliament, “and that it was not subject to any scrutiny external to the executive” (Home Affairs Committee 2014). They recommended that the Home Secretary report quarterly on its use to the House of Commons and allow the
Independent Reviewer of Terrorism Legislation to review use of the power.
The first report, due in 2017, remains unpublished at the time of writing.
For those already in possession of a passport, the Home Secretary can
simply make an order, based on information from multiple (police and intelligence) sources, that a person’s passport should be cancelled. To supplement
the Home Secretary’s powers, additional legislation permitting crown officials
to seize cancelled passports were passed in 2014. A schedule was introduced
into the Antisocial Behaviour Crime and Policing Act 2014 which requires the
return of a cancelled passport and allows the police to search for and seize it,
and any other travel document. Between 2005 and 2012 no individuals had
their passport removed under the royal prerogative3 but in 2013 there were
six cases reported, in 2014 there were an additional twenty-four cases and
in 2015, twenty-three cases reported (Anderson QC 2016, 8). The indication
is that trends have continued at similar levels with Home Office officials
stating that they expect the powers to be used more widely than previously
(Shipman, Kerbaj, and Gadher 2017).
Though the confiscation of one’s passport does not equate in legal terms to
the deprivation of citizenship, the symbolic and material ramifications on
one’s daily life echo the experience of the undocumented. In Britain, passports
are not only required for employment purposes, but for renting accommodation, opening a bank account, accessing health and welfare services and
learning to drive (Immigration Act 2014).
Methods and profile of participants
The empirical data presented in this paper were gathered as part of the Economic and Social Research Council (ESRC) funded project Deport, Deprive, Extradite investigating race, citizenship and the state in the context of the War on
Terror. We draw here on qualitative fieldwork undertaken between November
2015 and November 2016 in the UK. We conducted eight interviews with individuals whose passports were cancelled. Where they exist, we have analysed
legal judgments and documentation relating to some of these cases using
content analysis. We also interviewed a lawyer and met with two Muslim
organizations that support these individuals in a variety of ways from legal
support to counselling. They also assisted us with the recruitment of the participants. Due to the sensitivity of this work and ongoing legal proceedings in
many of the cases, we did not record the interviews. Instead all were conducted by two researchers and detailed notes were taken each time. We
sent the notes back to participants to check through and as far as possible
tried to encourage participants to have their lawyers approve them too. The
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