170
Mantu
UK citizenship and placed in legal limbo. His status in the UK is that of an alien
placed by the UK executive in detention awaiting removal to a country that
does not recognize him as one of its nationals and cannot be forced to take him
back.
4
Conclusions
The UK rules on citizenship deprivation have been increasingly relaxed in
order to allow the government to fight against suspected terrorists by depriving
them of their UK citizenship. Where national security and terrorism are at
stake, statelessness has proven to be the only potentially effective ground for
contesting the power of the UK executive to take away citizenship. British
courts have confirmed that they are the ultimate adjudicator as to whether a
person is made stateless as a result of a citizenship deprivation order but their
engagements with what constitutes statelessness under the 1954 Convention
have led to mixed results. This outcome relates to the dissatisfaction expressed
by the appeal court in the Al-Jedda case when it had to uphold the prohibition
of creating statelessness despite the fact that the citizenship deprivation order
had been found conducive to be public good.26 This position points towards
the problematic relation between statelessness, alleged involvement in terrorism and the difficulty of thinking in terms of every person’s right to a nationality rather than the overriding importance of state security. The misinterpretation
of the definition of stateless person in the B2 case is equally worrisome for the
correct implementation of the safeguards against statelessness contained in
the 1954 and 1961 UN Conventions.
26
Al-Jedda v SSHD [2010] EWCA Civ 358, paras. 124-131.
tilburg law review 19 (2014) 163-170
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents