The Weekly Law Reports
[2020] 1 WLR 4267
Queen’s Bench Division
Court of Appeal
*Regina (Begum) v Special Immigration Appeals Commission (UN Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms While Countering Terrorism and another intervening)
Regina (Begum) v Secretary of State for the Home Department (UN Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms While Countering Terrorism and another intervening)
[2020] EWCA Civ 918
2020 June 11, 12; July 16
King, Flaux, Singh LJJ
Nationality— British citizenship— Deprivation— Secretary of State depriving claimant of British citizenship on national security grounds— Claimant appealing to Special Immigration Appeals Commission despite being outside United Kingdom when deprivation order made— Secretary of State refusing claimant’s application for leave to enter to pursue appeal— Whether appeal against deprivation order to be allowed if impossible for claimant to have fair and effective out-of-country appeal— Whether principles of fairness and justice requiring claimant to enter United Kingdom to pursue appeal— Whether Special Immigration Appeals Commission erring in applying judicial review principles on appeal—
British Nationality Act 1981 (c 61), s 40A (as inserted by Nationality, Immigration and Asylum Act 2002 (c 41), s 4(1) and amended by Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (SI 2010/21), art 5(1), Sch 1, para 7(a))
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Special Immigration Appeals Commission Act 1997 (c 68), s 2B (as inserted by Nationality, Immigration and Asylum Act 2002, s 4(2))