The court declared stateless an applicant born in the United Arab Emirates to a
Palestinian father and a Syrian mother, which the Dutch Immigration and
Naturalisation Service (IND) agreed with. Despite holding a Palestinian passport and a
Syrian refugee travel document, he did not qualify for citizenship under Palestinian,
UAE, or Syrian law. The court ruled that since no State recognises him as a citizen, his
statelessness is confirmed.
UK Supreme Court denies Shamima Begum permission to appeal against
deprivation of citizenship
UK – Permission to Appeal decision in the matter of Shamima Begum (Appellant) v
Secretary of State for the Home Department (Respondent), UKSC 2024/0096 (7 August
2024)
The UK Supreme Court has denied Shamima Begum, who travelled to Syria as a child
to join ‘ISIL’, permission to appeal against the UK Secretary of State’s decision to
deprive her of her British citizenship, on the basis that she was a dual British and
Bangladeshi national. The Supreme Court found that the grounds of appeal did not
raise an arguable point of law. One of the grounds of appeal concerns the fact that the
Secretary of State failed to have regard that the order to deprive her of her citizenship
would render her stateless, in accordance with UK law, as it is not reasonably possible
for her to be admitted into Bangladesh. The Supreme Court held that the lower courts
found that the Secretary of State had taken into account the fact that the deprivation
decision would render the applicant ‘de facto’ stateless and there was nothing
indicating that there was an error of law in that conclusion. Read ENS blogs on this
case, including the problematic distinction between “de jure” and “de facto”
statelessness: Shamima Begum: now stateless, but still deprived of her British
citizenship, Shamima Begum Supreme Court judgment: What are the implications for
statelessness cases?, Burden of proof in statelessness cases and the meaning of “by
operation of its law”. Read summaries of previous judgments in the same case on the
Statelessness Case Law Database: Shamima Begum v Secretary of State for the Home
Department (23 February 2024) and Begum v SIAC (16 July 2020) & Begum v SSHD (7
February 2020).
Considerations on risk of return and standard of proof in a UK case on an
undocumented person from Kashmiri India
UK - Upper Tribunal Immigration and Asylum Chamber, Case No: UI-2024-000873 (12
July 2024)
In a case concerning an appeal from an undocumented person from Kashmiri India
against the Secretary of State for the Home Department’s decision to refuse his
protection claim, the Upper Tribunal upheld the First-tier Tribunal’s decision which
had allowed the appeal on the basis that the appellant was stateless and would be
subjected to prohibited treatment on return to India as a result of his statelessness.
The Upper Tribunal upheld the judge’s assessment on the applicant’s risk on return to
India and finding that the applicant had taken reasonable steps to re-obtain his Indian
nationality. The Secretary of State for the Home Department’s appeal was therefore
dismissed. The judgment includes interesting considerations on the standard of
proof.