legislate for under the NBB.78 Finally, appeals against deprivation orders take place in the
Special Immigration Appeals Commission, governed by its own special procedural rules,
which allow proceedings to take place without the individual being given the reasons for
the decision, and in a closed material procedure, in the absence of the individual and their
representative.79
53. Various UN experts, civil society groups, practitioners, NGOs, and Members of Parliament
have already expressed great concern about the disproportionate effects of Section 40 of
the British Nationality Act 1981 on racial, ethnic and religious minorities and migrant
communities.80 Civil society organisations have also voiced concerns that the UK’s
provisions on deprivation of nationality are not compliant with human rights law in
relation to other aspects, including lack of consideration of risks of torture, right to respect
for private and family life, and the right to remain in one’s country.81 The amendments
proposed by the NBB would not only fail to address these concerns but further exacerbate
the issues that have been noted in this section.
78
European Network on Statelessness (2022), ‘Nationality & Borders Bill, Briefing for House of Lords Committee Stage, 27
January 2022’: https://www.statelessness.eu/sites/default/files/2022-01/ENS%20briefing%20%20Nationality%20and%20Borders%20Bill%20-%20Jan%202022.pdf
79 The Special Immigration Appeals Commission (Procedure) Rules 2003, SI 2003/1034:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/421503/Consolidated_tex
t_of_SIAC_Rules_2003.pdf
80 See letter from Special Rapporteurs Ref. OL GBR 3/2022, 11 February 2022:
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=27073; Bureau of Investigative
Journalism, ‘Medieval Exile’, 26 February 2013: https://www.thebureauinvestigates.com/stories/2013-02-26/medieval-exilethe-42-britons-stripped-of-their-citizenship; The New Statesman, ‘Exclusive: British citizenship of six million people could be
jeopardised by Home Office plans’, 1 December 2021, https://www.newstatesman.com/politics/2021/12/exclusive-britishcitizenship-of-six-million-people-could-be-jeopardised-by-home-office-plans?mc_cid=d501f0a75a&mc_eid=UNIQID.
81
See, e.g. Reprieve (2021), Trafficked to ISIS: https://reprieve.org/wp-content/uploads/sites/2/2021/04/2021_04_30_PUBReprieve-Report-Trafficked-to-Syria-British-families-detained-in-Syria-after-being-trafficked-to-Islamic-State-1.pdf. For detailed
information on the human rights issues related with deprivation of nationality in the United Kingdom, see the joint civil society
submission to the Universal Periodic Review (4th cycle, 41st Session, March 2022), by the Institute on Statelessness and Inclusion
and Rights and Security International.
14