decision and the assessment of the consequences on the applicant’s private life.
40. This Court examines diligence in both procedural and substantive terms. This includes
assessing whether authorities have taken appropriate steps to verify relevant facts and
the foreseeable consequences of the deprivation.77 The Court has found that where
domestic courts fail to examine evidence capable of being determinative of nationality
status without explanation, the decision is not accompanied by the necessary
procedural safeguards and must be regarded as arbitrary.78
41. Procedural safeguards must be practical and effective (not merely formal), and
include effective judicial oversight, timely notification of the individual, and an
accessible right of appeal. Individuals must be afforded a genuine opportunity to
participate in proceedings and to present evidence relevant to assess statelessness and
the impact on their private life.79 Where significant restrictions affect a person’s
ability to gather evidence and communicate with their lawyer, or they are otherwise
unable to participate meaningfully in proceedings (e.g. due to being outside the
territory), particular weight must be given to whether the process ensured a fair
balance and equality of arms.
42. The intervenors submit that authorities and courts must diligently assess
whether deprivation of nationality will foreseeably result in statelessness. Where
that inquiry is not undertaken, deprivation will be arbitrary and in breach of
Article 8.
43. Due diligence should follow international legal standards and guidance on the
determination of statelessness, in line with States’ duty to prevent statelessness.
These affect the quality and adequacy of procedures for assessing nationality.
Determining statelessness in deprivation of nationality cases
44. Under Article 53 ECHR, Contracting States must not interpret the ECHR so as to fall
below their international obligations to prevent statelessness, including under the
Convention on the Reduction of Statelessness (1961 Convention), which has been
widely ratified and to which the United Kingdom is a party.80 The duty to avoid
conduct leading to statelessness forms part of customary international law 81 and sets
limits on States’ ability to deprive individuals of their nationality. UNHCR has
published authoritative guidance on the interpretation and application of the 1961
Convention (see Annex I).
45. Despite this, there is consistent evidence that Contracting States fail to implement
these obligations in practice when depriving individuals of their nationality by failing
to duly assess whether an individual will be rendered stateless.
46. In the UK, successive legislative changes have expanded deprivation powers. These
are used more frequently than in most other States, including in national-security
contexts, and have a disproportionate impact on British Muslims.82 UK law includes
a narrowly framed power permitting deprivation that results in statelessness, but it has
never been exercised.83 There have, however, been several cases where a deprivation
77
Johansen v. Denmark, op. cit., §§ 58-60; A.A. v. Denmark, op. cit., §§ 5-6; See also UK Home Office,
Deprivation of British citizenship: Caseworker Guidance, Version 5.0, 14 January 2026, p. 7.
78
Ahmadov v. Azerbaijan, op. cit., §§ 52-54.
79
See Usmanov v. Russia, op. cit., § 63, citing Ramadan v. Malta, op. cit., §§ 86-89.
80
See Article 8(1) of the Convention on the Reduction of Statelessness, 30 August 1961, 989 UNTS 175;
AIRE Centre and ENS, Written Submissions in Pham v the United Kingdom, 19 April 2021, §§ 14-15.
81
Council of Europe, Explanatory Report to the European Convention on Nationality, § 33.
82
Between 2010-2024, the UK made 223 deprivation orders on the ground that it was conducive to the
public good. See reports by the House of Commons and the Joint Committee on Human Rights (Annex I).
83
Section 40(4A) of the BNA 1981. The Home Office claims that there are no known examples of a
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