Legal briefing: Statelessness and the right to respect for private and family life
October 2024
become stateless, if deprived of British citizenship. However, the Court of Appeal held
that the Upper Tribunal, in finding that KV had not proved this fact, had misread the Sri
Lankan Citizenship Act, and there was in fact a reasonable inference that the appellant
had ceased to be a citizen of Sri Lanka when granted British citizenship. The deprivation
of British citizenship would therefore leave the applicant stateless. As such, it found that
the Upper Tribunal had erred in treating the First Tier Tribunal’s failure on the question of
statelessness as immaterial.
The Council of State of the Netherlands249 ruled on decisions to declare a Dutch national
associated with ISIS undesirable and to withdraw her Dutch nationality. The Council of
State held that the withdrawal of nationality should be assessed together with Article 8
ECHR, because this decision could breach her right to family and private life. Referring to
ECtHR case law, the Council of State held the authorities should have struck a fair
balance between the interests of the applicant and her family and the Dutch public
interest, taking into consideration the severity of the crime committed, the length of the
residence in the Netherlands, the family life of the applicant, and the interest and welfare
of the applicant’s children, in particular the seriousness of the problems the children
might encounter in the country of deportation, in accordance with their best interests.
The Council of State found that the decisions should be annulled on the grounds that
they did not sufficiently take into consideration the best interests of her minor children
and her right to family life.
249
Netherlands, AB Council of State (Raad van State), 202006910/1/V1 & 202006913/1/V6, 29 June 2022.
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