The WLR Daily case summaries
[2020] WLR(D) 421
Court of Appeal
Divisional Court
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)
Regina (Begum) v Special Immigration Appeals Commission and another (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
July 16
King, Flaux , Singh LJJ
Nationality— British citizenship— Deprivation— Claimant British citizen travelling to Syria and marrying ISIL fighter— Claimant subsequently detained by Syrian Democratic Forces— Home Secretary deciding to deprive claimant of citizenship while overseas and to exclude her from United Kingdom for reasons of national security— Home Secretary refusing claimant’s application for leave to enter to pursue appeal against deprivation of citizenship— Whether decision to refuse entry rendering effective and fair appeal impossible— Whether procedural consequence of such determination that appeal to be allowed without examination on the merits— Whether principles of fairness and justice requiring claimant to enter United Kingdom to pursue appeal— Whether conclusion that effective and fair appeal impossible requiring substantive appeal to be allowed without examining merits— Standard of review of Secretary of State’s determination that deprivation decision in accordance with policy—
British Nationality Act 1981 (c 61), s 40A (as inserted by Nationality, Immigration and Asylum Act 2002, s 4(1) and amended by Transfer of Functions of the Asylum and Immigration Tribunal Order 2010, art 5(1), Sch 1, para 7(a))
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Special Immigration Appeals Commission Act 1997 (c 68), ss 2, 2B (as inserted by Nationality, Immigration and Asylum Act 2002, s 4(2))
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Human Rights Act 1998 (c 42), Sch 1, Pt 1, art 3