UK ‘has stripped 150 jihadists and criminals of citizenship’ – The Guardian

‘More than 150 suspected jihadists and criminals have been stripped of their citizenship and banned from returning to the UK, it has been reported.’

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The Guardian, 30th July 2017

Source: www.theguardian.com

How do citizens’ rights affect Brexit negotiations? – The Guardian

‘Protections for 1.2m Britons on continent and 3.5m Europeans in UK should be easy to settle in theory, but there are obstacles.’

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The Guardian, 23rd June 2017

Source: www.theguardian.com

UK wrong to deny residence rights for non-EEA family members of dual nationals – Free Movement

Posted June 1st, 2017 in brexit, citizenship, EC law, families, immigration, news by sally

‘The question about what rights are enjoyed by an EU citizen who naturalises as a British citizen becoming a dual citizen is critically important in the context of Brexit.’

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Free Movement, 31st May 2017

Source: www.freemovement.org.uk

UK wrong to deny residency rights in test case, EU’s legal adviser says – The Guardian

Posted May 31st, 2017 in citizenship, EC law, immigration, married persons, news by sally

‘The Home Office was wrong to deny the Algerian husband of a dual British-Spanish citizen the right to live with her in the UK, according to the initial opinion of the European court of justice’s advocate general in a test case.’

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The Guardian, 30th May 2017

Source: www.theguardian.com

Landmark European court case could curtail freedoms of British dual nationals – The Guardian

Posted May 16th, 2017 in citizenship, EC law, families, immigration, news by sally

‘Judges at the European court of justice have gathered to rule on a landmark case that could have widespread implications for all EU citizens applying for British passports. ‘

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The Guardian, 16th May 2017

Source: www.guardian.co.uk

Being British is one thing – proving it is another – Legal Voice

Posted April 20th, 2017 in birth, brexit, children, citizenship, EC law, freedom of movement, immigration, news by sally

‘In the wake of post-Brexit fears for the future of EU citizens in the UK, lawyers should be aware that many of these children are already British, or can become citizens by right, write Solange Valdez-Symonds and Steve Valdez-Symonds.’

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Legal Voice, 19th April 2017

Source: www.legalvoice.org.uk

Can President Assad’s wife be deprived of her British citizenship on public good grounds? – Free Movement

Posted April 18th, 2017 in citizenship, married persons, news, public interest, women by sally

‘Liberal Democrat foreign affairs spokesman Tom Brake says that she has supported President Assad’s regime and therefore should be stripped of her British citizenship. It is not said she has personally been involved in any war crimes or similar or to have sanctioned such atrocities. Mr Brake seems to consider that holding and expressing a political opinion — an awful one, let us be clear — is sufficient to justify depriving a person of their citizenship.’

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Free Movement, 17th April 2017

Source: www.freemovement.org.uk

K2: right to a private and family life no bar to deprivation of citizenship – Free Movement

Posted March 21st, 2017 in appeals, citizenship, human rights, immigration, news, tribunals by tracey

‘K2 v the United Kingdom (Application No 42387/13). The use of the Home Secretary’s power to strip a British citizen of their citizenship is on the rise. It has been the subject of debate where its use has rendered a person stateless following a series cases in the higher courts (see, for instance, here and here). But what arguments can be used to prevent the deprivation of citizenship where the person remains a citizen of a foreign country?’

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Free Movement, 201th March 2017

Source: www.freemovement.org.uk

UK can strip terror suspects of citizenship, European judges rule – The Guardian

Posted March 10th, 2017 in citizenship, human rights, news, terrorism by sally

‘European human rights judges have ruled that Theresa May’s policy of stripping British terror suspects of their citizenship while abroad to bar them from returning to Britain is lawful.’

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The Guardian, 9th March 2017

Source: www.guardian.co.uk

Brexit briefing: Securing EEA Nationals’ Residence Rights – Free Movement

Posted February 22nd, 2017 in advocacy, brexit, citizenship, documents, EC law, government departments, immigration, news by sally

‘The rights of EEA nationals (plus Swiss) to reside in the UK are primarily addressed in the Citizens Directive (Directive 2004/38/EC) which is implemented in the United Kingdom in the Immigration (European Economic Area) Regulations 2016.’

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Free Movement, 21st February 2017

Source: www.freemovement.org.uk

Members of Rochdale grooming gang face deportation to Pakistan – The Guardian

Posted February 10th, 2017 in appeals, citizenship, deportation, news, sexual grooming, sexual offences by tracey

‘Four members of a child grooming gang are facing deportation to Pakistan after losing a legal appeal against their British citizenship being revoked.’

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The Guardian, 9th February 2017

Source: www.guardian.co.uk

Immigration tribunal President blasts legal representatives in sex grooming gang appeal – Free Movement

‘President McCloskey has blasted the representatives for both claimants and the Home Office in his latest determination of Shabir Ahmed and others (sanctions for non – compliance) [2016] UKUT 00562 (IAC).’

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Free Movement, 13th January 2017

Source: www.freemovement.org.uk

British born children entitled to citizenship but caught in an evidence trap – Legal Voice

Posted November 18th, 2016 in children, citizenship, evidence, news, social services by sally

‘There are many impediments to children registering their entitlement to British citizenship. Solange Valdez and Steve Symonds have previously written for Legal Voice on the separate issues of good character and Home Office fees. A whole other set of difficulties arises for many children in relation to evidence.’

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Legal Voice, 18th November 2016

Source: www.legalvoice.org.uk

European Parliament considers plan to let individual Brits opt-in to keep their EU citizenship – The Independent

Posted November 9th, 2016 in amendments, brexit, citizenship, EC law, freedom of movement, news by sally

‘The European Parliament is to consider a plan that would allow British citizens to opt-in and keep their European Union citizenship – and its associated benefits – once the UK leaves the EU.’

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The Independent, 8th November 2016

Source: www.independent.co.uk

QS v RS – WLR Daily

Posted October 31st, 2016 in adoption, children, citizenship, domicile, foreign jurisdictions, news by sally

QS v RS [2016] EWHC 2470 (Fam)

‘The parents who were British citizens adopted a child in Nepal in 2008. Neither parent was habitually resident or domiciled in Nepal at the time of the adoption, both being domiciled in the United Kingdom. The family moved to Dubai and the child was granted British citizenship. Soon afterwards the marriage broke down leading to a troubled period of dispute between the parents. The father remained living in Dubai and the mother in due course resided in the United Kingdom. The child, aged 12, resided with the father in Dubai. The mother applied, inter alia, for the recognition of the child’s foreign adoption order at common law and for a declaration under section 57 of the Family Law Act 1986 that she was the adopted child of the parents for the purposes of section 67 of the Adoption and Children Act 2002. The issue arose whether, in the light of the common law rule that an English court was not entitled to recognise a foreign adoption order unless the adopting parents were domiciled (or habitually resident) in the relevant country at the time of the adoption, there were any circumstances in which that rule did not apply or might not be applied such that a foreign adoption would be recognised in England notwithstanding that at the time of the adoption the adopters were not domiciled in that country.’

WLR Daily, 10th October 2016

Source: www.iclr.co.uk

Alison Young: Towards an Expository Justice Approach to Human Rights Adjudication? – UK Constitutional Law Association

‘The recent Supreme Court Case of R (Johnson) v Secretary of State for the Home Department, [2016] UKSC 56, appears at first glance to be a straightforward human rights claim. Lady Hale, giving the agreed judgment of the court, concluded that Johnson’s Convention rights had been breached. Because of the specific nature of the challenge brought by Johnson, the breach of his Convention rights could be remedied by quashing a decision of the Home Secretary. However, Lady Hale then went on to discuss whether a declaration of incompatibility should still be made, concluding that paragraph 70 of Schedule 9 of the Immigration Act 2014 was incompatible with Convention rights, and therefore ‘[t]he court will make a declaration to that effect, although it is not necessary to do so in order to dispose of this case.’ This calls into the question the nature and role of human rights adjudication: should courts merely provide remedies for those whose rights have been infringed, or should they also prompt action to remedy potential infringements of rights, or both?’

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UK Constitutional Law Association, 25th October 2016

Source: www.ukconstitutionallaw.org

Criminal with unmarried parents avoids ‘discriminatory’ deportation – BBC News

Posted October 20th, 2016 in appeals, citizenship, marital status discrimination, news, Supreme Court by tracey

‘A man jailed for manslaughter has won his battle against deportation after judges ruled he was being discriminated against because his parents were unmarried.’

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BBC News, 19th October 2016

Source: www.bbc.co.uk

Brexit: are EU Citizens in limbo? – Halsbury’s Law Exchange

Posted August 22nd, 2016 in brexit, citizenship, EC law, immigration, news, referendums by sally

‘“Brexit means Brexit”, or so says our new Prime Minister. Sadly, it is almost certainly not as simple as that. The UK has voted for Brexit, but which Brexit?’

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Halsbury’s Law Exchange, 22nd August 2016

Source: www.halsburyslawexchange.co.uk

Brexit: What should EEA and EU nationals and their family members do now? – Free Movement

‘On 24 June 2016 the right to live in the United Kingdom for over 3 million people of its people was suddenly cast into doubt. If generous provision is not made for them we are looking at the biggest mass expulsion of population since 1290, when Edward I infamously ordered the Jews of England into exile.’

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Free Movement, 12th July 2016

Source: www.freemovement.org.uk

Expats lose Supreme Court bid for EU referendum vote – BBC News

‘Two Britons living abroad have lost their Supreme Court battle over the right to vote in June’s EU referendum.’

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BBC News, 24th May 2016

Source: www.bbc.co.uk