R (Begum) v Special Immigration Appeals Commission

Subject Matter

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)) — Special Immigration Appeals Commission Act 1997 (c 68), s 2B (as inserted by Nationality, Immigration and Asylum Act 2002, s 4(2))

[2020] EWCA Civ 918; [2020] 1 WLR 4267; [2020] WLR(D) 421, CA

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 UK 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 UK to pursue appeal — Whether Commission erring in applying judicial review principles on appeal — British Nationality Act 1981 (c 61), ss 40, 40A — Special Immigration Appeals Commission Act 1997 (c 68), ss 2, 2B

[2021] UKSC 7; [2021] AC 765; [2021] 2 WLR 556; [2021] 2 All ER 1063; [2021] WLR(D) 131, SC(E)

Appellate History

Commentary

Free Movement
Shamima Begum loses statelessness argument against citizenship deprivation Case comment

UK Human Rights Blog
Begum still barred from returning to UK or reclaiming British citizenship Case comment

Court of Appeal allows Shamima Begum’s appeal Case comment

Free Movement
This is what the Court of Appeal decided about Shamima Begum – and what happens next Case comment

The Secret Barrister
Shamima Begum may not deserve your sympathy, but she is entitled to legal aid Case comment

Free Movement
Comment: Shamima Begum, legal aid and access to justice Case comment

UK Supreme Court Blog
Case Preview: R (on the application of Begum) v Secretary of State for the Home Department Case comment

New judgment: Begum v Secretary of State for the Home Department [2021] UKSC 7 Case comment

UK Human Rights Blog
Supreme Court: Shamima Begum may be barred from UK Case comment

Law and Policy blog
‘Not giving the Home Secretary’s assessment the respect that it deserves’ – some initial thoughts on the Shamima Begum decision of the Supreme Court of the United Kingdom Case comment

The legal power of the Home Secretary to deprive a person of United Kingdom citizenship – looking closely at the Begum case part 1 Case comment

Free Movement
Shamima Begum loses case in Supreme Court Case comment

The Justice Gap
‘Shamima Begum was stripped of her citizenship because it was politically expedient’ Case comment

Law and Lawyers
Shamima Begum and the law Case comment

Shamima Begum loses in the Supreme Court Case comment