THEMATIC BRIEFING | JULY 2021 Deprivation of nationality and the prevention of statelessness in Europe 9 Risk of statelessness arising from gaps in procedural safeguards Insufficient procedural safeguards in the decision-making process In Ireland, Malta, and Cyprus, the decision to deprive individuals of their nationality can be referred to a ‘Committee of Inquiry’ for scrutiny prior to taking a final decision. A similar measure previously existed in the UK, but this was repealed in 2002. In both Malta and Ireland, these committees provide insufficient procedural safeguards. In Ireland, for example, decisions taken by the three-person Committee are nonbinding and the Minister makes the final decision. In 2020, the Irish Supreme Court emphasised that, due to the severe consequences of deprivation of nationality, the person must be entitled to a process with minimum procedural safeguards, including that the decision is made by an independent and impartial decision-maker. It concluded that the current procedure for deprivation of nationality in Ireland ‘does not meet the high standards of natural justice required and is therefore invalid having regard to the provisions of the Constitution’.32 In Malta, the Minister controls the composition and rules of procedure of the committee. The Maltese procedures for deprivation of nationality are also subject to an ongoing legal challenge filed in 2020. In both countries, there are no appeal rights against a decision to deprive an individual of their nationality, although judicial review is possible. Absence of or barriers to appeal rights In almost all Index countries, decisions to deprive an individual of their nationality are subject to a right of appeal and/or to judicial review proceedings. However, this is not the case in Bulgaria. This is a significant gap, given that deprivation of nationality can lead to rightlessness. Although Bulgarian law contains an explicit safeguard to prevent statelessness in cases of deprivation of nationality, where statelessness is not identified prior to the issuing of a deprivation order, the absence of remedies and appeal rights puts individuals at serious risk of statelessness. According to the Principles on Deprivation of Nationality on National Security Grounds, ‘no person whose nationality has been withdrawn shall be deprived of the right to enter and remain in that country in order to participate in person in legal proceedings related to that decision’.33 Recent cases in the UK show that individuals who have been deprived of their nationality can face difficulties exercising their appeal rights.34 Deprivation of nationality in the UK takes effect on the day of the decision and subsequent appeals do not have a suspensive effect. Individuals who are outside the UK when deprived of their nationality and precluded from returning are thus compelled to exercise their appeal rights from abroad, often in dire conditions exacerbated by the COVID-19 pandemic.35