Government declined power to strip citizenship | Hudson McKenzie

Government declined power to strip citizenship

December 6, 2018 | Immigration, Latest Thinking, News

Following from a recent case, stripping an individual of their citizenship was recently decided as unlawful in response to the UK government attempting to strip two Islamists of their British Citizenship, as a motive to fight terrorism in the UK.

However, despite this attempt, the individuals in question appealed against the UK government, in which paved the way to a new legal precedent within UK law.

One of the central reasonings behind the rejection of the judges to depriving the suspects of their British citizenship is that by doing so, this would render the two individuals ‘stateless’, which ultimately violates international law.

A specific problem noticed with the attempt to deprive the individuals of their citizenship is that it appears that the Home Office has a habit to wait until the individuals have moved out of the UK before attempting to deprive them of their citizenship, as if this method would make it easier to do so. It is also evident that those suspects of terror organisations typically seem to be of dual-nationality also.

However, in response, the government argued that the power to strip citizenship was actually “particularly important” in regard to the prevention of terrorism in the UK, especially given the rise of immigrants from Syria and Iraq who now live in the UK under dual-citizenship.

Furthermore, although it is a breach against international law to make a person ‘stateless’, alternatively within the Immigration Act 2014 there is a new power in which can allow this if the person in question has acted in a manner that has “acted in a manner seriously prejudicial to the vital interests of the UK”

The Home Office has stated that they intend to appeal the recent judgement regarding the declination of the power to strip citizenship from the latest case, however until then the precedent remains.

If you would like to discuss this article further or have any general legal enquiries, please contact one of our highly qualified solicitors on 020 3318 5794 or via email at londoninfo@hudsonmckenzie.com

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