Report on United Kingdom
citizenship laws. This can result in lengthy and repeated hearings as succeeding
decisions are challenged and overturned. The Special Immigration Appeals
Commission in Abu Hamza found that statelessness must be de jure to be unlawful.40
In B2, the Court of Appeal overturned a SIAC judgment to find that the failure by a
state, here Vietnam, to apply its own laws (as understood by the British court) made
an individual de facto stateless and therefore was permitted.41 The case had been
heard in the Supreme Court and judgment was awaited at the time of writing42 but
reports suggest that the critical arguments turned on whether Vietnam had effectively
removed B2’s citizenship before or after the UK order, raising the alarming prospect
of states racing to be the first to denationalise its unwanted dual citizens, and whether
EU law applied.
Another Supreme Court case, Al-Jedda, prompted yet another tightening of the
law, in this instance enabling deprivation to take place in some circumstances even if
statelessness follows. Mr al-Jedda appealed in 2010 against a deprivation order on the
basis that it left him stateless. A series of decisions followed until, in 2012, the
Supreme Court found that the reasons for statelessness or the possible availability of
an alternative nationality were immaterial; if Mr al-Jedda became stateless at the
moment of deprivation, it was prohibited.43 In response, the government brought
forward an amendment of the Immigration Bill, now s.66 Immigration Act 2014,
which allowed the government to remove citizenship from naturalised citizens, even if
this resulted in statelessness, where the Secretary of State was satisfied that
deprivation was conducive to the public good because the person had conducted him
or herself in a manner which is seriously prejudicial to the vital interests of the UK.
This revived a declaration made in 1966, at the time of ratification, under art.8(3) of
the 1961 Convention on the Reduction of Statelessness, which allowed the UK to
continue to exercise its existing powers to remove citizenship on limited grounds even
though these would otherwise have breached the prohibition on statelessness in the
Convention. In fact, the statutory power that it possessed at the time of ratification
lapsed when the British Nationality Act 1981 was amended by the Nationality,
Immigration and Asylum Act 2002 but the UK appears to be within its rights to
resurrect it.
The proposal that the UK should act to make people stateless shocked many.
The compliance of the new provision with international law seemed dubious,
notwithstanding the declaration to the 1961 Convention.44 The House of Lords
rejected the changes and substituted clauses requiring the need for such a drastic
power to be determined by a committee of parliamentarians and for new legislation to
be introduced if the government then decided to proceed. These were, in turn,
reversed when the Immigration Bill returned to the House of Commons but the
government conceded that the power would only be exercisable if it was reasonably
believed that another nationality could be obtained. There is also an obligation to
report on the use of the powers of deprivation resulting in statelessness (Harvey
2014).
Thus, as amended, s.40 British Nationality Act 1981 now contains an array of
powers of deprivation, all in the discretion of the Secretary of State and subject to a
non-suspensive right of appeal which will, in all cases involving national security, be
heard in semi-secret by the Special Immigration Appeals Commission. These powers
40
Abu Hamza v Secretary of State for the Home Department [2010] UKSIAC 23/2005
41
B2 v SSHD [2013] EWCA Civ 616.
42
Case ID: UKSC 2013/0150
43
Al-Jedda v SSHD [2013] UKSC 62.
44
See, for example, the submission of Professor Guy Goodwin-Gill to the Joint Committee on Human
Rights: http://www.parliament.uk/documents/joint-committees/human-rights/GSGGDeprivationCitizenshipRevDft.pdf.
RSCAS/EUDO-CIT-CR 2014/1 - © 2014 Authors
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