Deprivation of British citizenship and withdrawal of passports • Naturalisation or registration had been “obtained by means of fraud, false representation or the concealment of any material fact”, or • A naturalised or registered citizen had “shown himself by act or speech to be disloyal or disaffected towards Her Majesty”, traded with the enemy in time of war or been sentenced to 12 months’ imprisonment In all deprivation cases, the Home Secretary must also be satisfied that it is “not conducive to the public good” for the person to remain a citizen. The protection against statelessness for people deprived of citizenship for criminal offending is retained. These deprivation powers were never used until after they were amended in 2003. 58 3.2 2003-present: extension to non-naturalised citizens 7 February 2002 The immigration white paper Secure Borders, Safe Haven proposes an “update” of the deprivation procedure. It gives the example of a scenario where “someone has been granted British citizenship while concealing a material fact such as their past involvement in terrorism or war crimes”. 59 1 April 2003 Section 4 of the Nationality, Immigration and Asylum Act 2002 comes into force. People who acquired British citizenship through birth are made subject to deprivation of citizenship powers for the first time. The 2002 Act inserts a new version of section 40 of the 1981 Act. It provides for deprivation of citizenship where: • Naturalisation or registration had been “obtained by means of fraud, false representation or concealment of a material fact” (as under the old law), or • The person “has done anything seriously prejudicial to the vital interests of the United Kingdom or a British overseas territory” 58 59 17 Home Office, Secure Borders, Safe Haven – Integration with Diversity in Modern Britain, Cm 5387, 7 February 2002, paragraph 2.22 As above Commons Library Research Briefing, 18 December 2024