R (N3) v Secretary of State for the Home Department

Subject Matter

NATIONALITY — British citizenship — Deprivation — Secretary of State making orders depriving claimants of British citizenship — Special Immigration Appeals Commission allowing claimants’ appeals against decisions to make deprivation orders — Secretary of State subsequently withdrawing deprivation orders — Whether withdrawal having retrospective effect — Whether Commission’s decision having effect of immediately revoking orders — British Nationality Act 1981 (c 61), s 40(2)(4) — Special Immigration Appeals Commission Act 1997 (c 68), s 2B — Convention on the Reduction of Statelessness (1961), art 8

[2022] EWHC 1133 (Admin); [2022] 1 WLR 4632; [2022] WLR(D) 213, QBD

NATIONALITY — British citizenship — Deprivation — Secretary of State making but later withdrawing orders depriving claimants of British citizenship— Whether withdrawal of order having retrospective effect— Whether claimants British citizens between making and withdrawal of order— British Nationality Act 1981 (c 61), s 40(2)(4) — Special Immigration Appeals Commission Act 1997 (c 68), s 2B

[2023] EWCA Civ 26; [2023] KB 149; [2023] 2 WLR 937; [2023] 3 All ER 564; [2023] WLR(D) 48, CA

NATIONALITY — British citizenship — Deprivation — Secretary of State making orders depriving claimants of British citizenship — Claimants appealing on ground orders making them stateless — Secretary of State withdrawing orders before appeal hearing — Effect of successful appeal on deprivation orders — Whether claimants British citizens between making and withdrawal of deprivation orders — British Nationality Act 1981 (c 61), ss 40, 40A — Special Immigration Appeals Commission Act 1997 (c 68), s 2B

[2025] UKSC 6; [2025] AC 1473; [2025] 2 WLR 386; [2025] 3 All ER 519; [2025] WLR(D) 111, SC(E)

NATIONALITY — British citizenship — Deprivation — Claimants appealing against orders depriving them of British citizenship — Secretary of State conceding appeal and withdrawing orders on grounds claimants rendered stateless by orders — Whether power to make deprivation order dependent on absence of statelessness as precedent fact — Effect of successful appeal on deprivation order — Whether claimants British citizens between making and withdrawal of deprivation orders — British Nationality Act 1981 (c 61), s 40 — Special Immigration Appeals Commission Act 1997 (c 68), s 2B

[2025] UKSC 6; [2025] AC 1473; [2025] 2 WLR 386; [2025] 3 All ER 519; [2025] WLR(D) 111, SC(E)

Appellate History

Commentary

Free Movement
Supreme Court adopts “nuanced” approach in deprivation of citizenship appeal Case comment

UK Human Rights Blog
Supreme Court rules Appellants were British all along Case comment