Category: citizenship
Court of Appeal disapproves of Tribunal’s decision in Capparelli – EIN Blog
‘The Court of Appeal has held that a child born to a French national mother who was ordinarily resident in the UK while she was exercising her right of free movement as a worker had not automatically acquired British citizenship at birth under section 1(1)(b) of the British Nationality Act 1981 as the child of someone “settled” in the UK. In so concluding, the Court of Appeal held that the Immigration (European Economic Area) Regulations 2000 were “immigration laws” which subjected the mother to a restriction on her entitlement to remain in the UK and meant that she had not been “settled” for the purposes of section 1(1)(b) at the time of the child’s birth. At first instance Eyre J had dismissed Mr Roehrig’s claim for judicial review of the decision made by the SSHD refusing his application for a British passport. The issue in this appeal, as it was before the single judge, was whether Mr Roehrig automatically acquired British citizenship at birth under section 1(1)(b) of the British Nationality Act 1981. Notably, section 1(1)(b) of the 1981 Act provides that “A person born in the United Kingdom after commencement shall be a British citizen if at the time of the birth his father or mother is …(b) settled in the United Kingdom.” The SSHD refused the application stating: “As you were not able to provide documentary evidence to show your Mother was free from immigration time restrictions at the time of your birth, we are not able to issue a passport to you at this time…”.’
EIN Blog, 10th April 2024
Source: www.ein.org.uk
Shamima Begum loses bid to challenge removal of her British citizenship – The Independent
‘Shamima Begum has lost her initial bid to challenge the removal of her British citizenship by taking her case to the Supreme Court.’
The Independent, 25th March 2024
Source: www.independent.co.uk
Home Office attempt to deport UK-born man was illegal, judge says – The Guardian
‘The Home Office acted unlawfully in trying to deport a British-born man who has never left the country to Portugal, from where his parents arrived more than 30 years ago, a judge has ruled.’
The Guardian, 18th March 2024
Source: www.theguardian.com
Test of dishonesty in Ivey applies to deprivation decisions – EIN Blog
‘Ullah v Secretary of State for the Home Department [2024] EWCA Civ 201 (06 March 2024). In a case raising an elementary issue of procedural fairness, the Court of Appeal allowed the appeal of Mr Ullah—a Pakistani national—against the UT’s erroneous decision to dismiss his appeal reversing the FTT’s first instance decision to allow his appeal from the SSHD’s decision to make an order to deprive him of British citizenship.’
EIN Blog, 12th March 2024
Source: www.ein.org.uk
Shamima Begum loses appeal against removal of British citizenship – The Guardian
‘Shamima Begum, who left Britain as a schoolgirl to join Islamic State, has lost an appeal against the decision to remove her British citizenship.’
The Guardian, 23rd February 2024
Source: www.theguardian.com
Critically-ill baby’s parents take end-of-life care fight to appeal court – The Independent
‘The parents of a critically ill baby who has been at the centre of a life-support fight are preparing to mount an appeal after failing to persuade a High Court judge to let the little girl receive end-of-life care at home.’
The Independent, 10th November 2023
Source: www.independent.co.uk
Indi Gregory: Critically ill baby granted Italian citizenship – BBC News
‘A critically ill eight-month-old baby has been granted Italian citizenship as her parents fight to prevent doctors ending her life support.’
BBC News, 6th November 2023
Source: www.bbc.co.uk
Are Stateless Claimants Disadvantaged Within Asylum Procedures? New Evidence from the UK Context – EIN Blog
‘This blog post introduces new research, conducted as part of the #StatelessJourneys project, into the challenges faced by stateless claimants within asylum procedures in the UK context. The study focuses on the experiences of stateless Kurds from Syria in the UK, revealing hurdles related to civil documentation, cultural understanding, and language analysis. These findings emphasize the need for more statelessness-sensitive procedures and policy changes, both in the UK and within other countries of asylum across Europe.’
EIN Blog, 26th October 2023
Source: www.ein.org.uk
Shamima Begum faces wait for appeal decision in citizenship case – The Independent
‘Shamima Begum will face a wait to find out whether she has won a Court of Appeal bid over the removal of her British citizenship.’
The Independent, 25th October 2023
Source: www.independent.co.uk
Three-day hearing on Shamima Begum’s legal fight set to begin in Court of Appeal – The Independent
‘Shamima Begum’s legal fight over the decision to deprive her of her British citizenship is set to reach the Court of Appeal.’
The Independent, 24th October 2023
Source: www.independent.co.uk
Procurements and losses suffered by group companies – Local Government Lawyer
‘A High Court judge earlier this month lifted an automatic suspension that was preventing the Home Office from entering into contracts worth more than £750m for visa and citizenship application services. Ed Williams and Nico Tilche look at the lessons to be learned.’
Local Government Lawyer, 20th October 2023
Source: www.localgovernmentlawyer.co.uk
Update on British Citizenship for Children of EEA Nationals – EIN Blog
‘In our previous article, we discussed the complexities arising from the case of R (on the application of Roehrig) v Secretary of State for the Home Department [2023] EWHC 31 (Admin) for children of EEA nationals and their potential claims to British citizenship. This case raised the question of whether the Secretary of State had been correct to treat children born before 2 October 2000 to EU citizens residing in the UK pursuant to their rights under EU law as having automatically acquired British citizenship at birth.’
EIN Blog, 25th July 2023
Source: www.ein.org.uk
Suella Braverman facing legal action over broken Windrush pledges – The Independent
‘Suella Braverman is facing legal action on the eve of the Windrush scandal anniversary for refusing to implement all the recommendations from an independent review into the government’s wrongdoing.’
The Independent, 6th April 2023
Source: www.independent.co.uk
Isobel Renzulli: Begum v SSHD (2023): A restrictive approach to Article 4 ECHR – UK Constitutional Law Association
‘On 22 February 2023, the judgment of the Special Immigration Appeals Commission (‘SIAC’ or ‘the Commission’) was published, upholding the Home Secretary’s decision to deprive Shamima Begum of her British citizenship under section 40(2) of the British Nationality Act 1981 (‘‘the BNA 1981’’) on the ground that it would be conducive to the public good to do so, because her return to the United Kingdom would present a national security risk.’
UK Constitutional Law Association, 29th March 2023
Source: ukconstitutionallaw.org
Home Office delays Windrush grants amid row over social media posts – The Guardian
‘The Home Office has decided not to award £150,000-worth of grants to Windrush community organisations, amid internal disagreement about whether funds should be given to groups that have expressed criticism of the government on social media.’
The Guardian, 21st March 2023
Source: www.theguardian.com
What Is Next For Shamima Begum? – Each Other
‘Last week the Special Immigration Appeals Commission ruled that Sajid Javid’s decision to revoke Shamima Begum’s citizenship in 2019 was lawful, despite “credible suspicion” that she was trafficked to Syria by terror group Islamic State (Isis) for sexual exploitation, and rejected Begum’s appeal against the decision. The ruling casts further doubt on 23-year-old Begum’s hopes of ever being reunited with her family in the UK.’
Each Other, 3rd March 2023
Source: eachother.org.uk
Why thousands of people who thought they were British could lose their citizenship – EIN Blog
‘Confusion has arisen around the British government’s own understanding of its citizenship laws, following a judgment by the UK’s high court. In a ruling handed down on January 20 2023, in the case of Roehrig v Secretary of State for the Home Department, Mr Justice Eyre determined that the restrictive approach applied by the Home Office since 2000 to how the children of EU nationals automatically acquire citizenship is the correct interpretation of the law.’
EIN Blog, 28th February 2023
Source: www.ein.org.uk
Shamima Begum should be allowed to return to UK – terrorism adviser – The Guardian
‘A top government terrorism adviser is to say that Shamima Begum should be allowed to return to the UK, as the number of expert voices opposing her exclusion from Britain grows.’
The Guardian, 27th February 2023
Source: www.theguardian.com
Shamima Begum has shown up courts’ deference to this government. It’s a worrying new era – The Guardian
‘Issues related to national security have always been hard to crack, but judges are unwilling to consider human rights.’
The Guardian, 23rd February 2023
Source: www.theguardian.com