Report on United Kingdom
3.3 Losing British citizenship
A person who renounces British citizenship in order to take up nationality in a country
that does not permit dual nationality is entitled to register so as to become a British
citizen again, but only once (s. 13 British Nationality Act 1981). After that, it is
discretionary only. There are no current suggestions that citizenship should be
withdrawn for those residing permanently or long-term abroad, although non-citizens
with indefinite leave to remain can lose their right to return to the UK after two years
absence.
Deprivation of citizenship by the government has emerged as a critical issue in
recent years. The original s. 40 of the British Nationality Act 1981, reproducing
existing powers but extending them to registered citizens, allowed deprivation of
naturalised and registered citizens on the grounds of fraud, false representation or
concealment of a material fact. There was also power to deprive on the grounds of
disaffection, disloyalty, engaging with the enemy during wartime or imprisonment for
more than twelve months within five years of acquiring nationality, but only if this
would not leave the person concerned stateless. Powers of deprivation were barely
used at that time; the last denaturalisation had occurred eight years before the 1981
Act was passed and none occurred in the decade afterwards (Gibney 2014: 329-330).
However, the events of September 2001 caused new anxieties about terrorism.
S. 4 of the Nationality, Immigration and Asylum Act 2002 replaced the disaffection
etc. grounds in the 1981 Act with a single clause allowing deprivation of citizenship if
the person had done something seriously prejudicial to the vital interests of the UK or
a British overseas territory. This applied to all citizens irrespective of how citizenship
had been acquired so included those who were British by birth but could not be used
if the result would be statelessness. There was also a right of appeal. The background
included general concern about security and widespread media coverage of the Home
Secretary’s inability to deport Abu Hamza al-Masri, an objectionable Muslim
preacher originally from Egypt who had naturalised following his marriage to a
British woman. However, in the event, he could not have his citizenship removed
under this new provision because he no longer possessed Egyptian nationality.
Two years later, s. 4 of the Asylum and Immigration (Treatment of Claimants
etc) Act 2004 made appeals against deprivation orders non-suspensive so that
individuals did not retain their citizenship during the appeal process with drastic
consequences discussed below. A further ‘war on terror’ case, Hicks,37 was the
apparent catalyst for still further change although, as Majid (2008) suggests, the July
2005 bombings of public transport in London were also in the background. David
Hicks, an Australian national interned by the US at Guantanamo, applied to register as
a British citizen by descent - his mother was British, entitling him to do so - in order
to obtain release along with the other British citizens. The Home Secretary initially
refused to register him but, after this was found to be unlawful, proposed to withdraw
his citizenship immediately thereafter. This was prevented by the Court of Appeal
after careful consideration of the legislative provisions which, it was found, did not
permit deprivation in respect of conduct that occurred before nationality had been
acquired. At the material time, which was prior to the registration he now sought, he
owed no allegiance and so by definition could not have been disloyal (see Sawyer
2013 for a discussion).
The new measure, s.56 Immigration, Asylum and Nationality Act 2006, allows
the Secretary of State to make an order of deprivation of citizenship if she considers it
to be conducive to the public good. There was considerable concern expressed at the
breadth of the power (see Sawyer 2013 for a discussion). The provision came into
force immediately and is mirrored in s.57, which allows for the deprivation of the
right of abode for the same reason. The ‘conducive to the public good’ terminology
37
[2006] EWCA Civ 400.
RSCAS/EUDO-CIT-CR 2014/1 - © 2014 Authors
15
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents