Alleged extremist stripped of citizenship appeals to Supreme Court – BBC News

Posted November 18th, 2014 in appeals, citizenship, international law, news, Supreme Court, terrorism by sally

‘A Muslim convert, stripped of his British citizenship because of alleged extremism, is appealing to the Supreme Court that he has been left stateless.’

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BBC News, 18th November 2014

Source: www.bbc.co.uk

Cognitive Deficit, Capacity And Quantum: A fresh look at how to approach cognitive deficit in PI claims – Zenith PI Blog

Posted October 21st, 2014 in appeals, citizenship, fraud, learning difficulties, news, personal injuries by sally

‘The Court of Appeal found a significant cognitive deficit, and consequent lack of capacity, notwithstanding recent evidence of minimal cognitive dysfunction, resulting in damages of equivalent to £2.3 million on a full liability basis.’

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Zenith PI Blog, 21st October 2014

Source: www.zenithpi.wordpress.com

Former MI6 counter-terrorism chief warns against rush to overhaul UK laws – The Guardian

Posted August 26th, 2014 in bills, citizenship, news, proscribed organisations, terrorism, visas by tracey

‘Britain should resist a rush to overhaul its fundamental legal principles in the face of an “unproven threat” from homegrown militants fighting in Syria and Iraq, the former global counter-terrorism director of MI6 has said. In an interview with the Guardian, Richard Barrett criticised government plans for new laws to tackle British extremists and warned against Boris Johnson’s suggestion that Britons who travel to Iraq or Syria should be presumed guilty of involvement in terrorism unless they can prove their innocence.’

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The Guardian, 25th August 2014

Source: www.guardian.co.uk

Foreign criminal cannot be deported because of his right not to be discriminated against on grounds of illegitimacy – UK Human Rights Blog

Posted July 24th, 2014 in appeals, citizenship, deportation, human rights, news by sally

‘The proposed deportation to Jamaica of a man convicted of drug smuggling and manslaughter would breach his rights under Article 8 and Article 14 because he had not obtained British citizenship on grounds of illegitimacy, the High Court has ruled.’

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UK Human Rights Blog, 22nd July 2014

Source: www.ukhumanrightsblog.com

Surrogacy overseas – Home Office

Posted June 27th, 2014 in citizenship, immigration, news, surrogacy by tracey

‘Information for British nationals who are considering entering into surrogacy arrangements in foreign countries.’

Full text

Home Office, 26th June 2014

Source: www.gov.uk/home-office

Citizenship (Armed Forces) Act 2014

Posted March 14th, 2014 in armed forces, citizenship, legislation by tracey

Citizenship (Armed Forces) Act 2014 published

Full text of Act

Source: www.legislation.gov.uk

EU uncertainty – the impact on EU migrants in the UK – Halsbury’s Law Exchange

Posted February 13th, 2014 in citizenship, EC law, freedom of movement, immigration, news by sally

‘Recently I have seen an increase in EU nationals enquiring about becoming British. I always ask the client why they feel the need (given the extensive rights that EU law secures) to move between EU states. The invariable answer is a fear that Britain will leave the EU.’

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Halsbury’s Law Exchange, 12th February 2014

Source: www.halsburyslawexchange.co.uk

Onuekwere v Secretary of State for the Home Department – WLR Daily

Onuekwere v Secretary of State for the Home Department (Case C-378/12); [2014] WLR (D) 7

‘Under article 16(2) of Parliament and Council Directive 2004/38/EC of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states, periods of imprisonment in the host member state of a third-country national, who was a family member of a Union citizen who had acquired the right of permanent residence in that member state during those periods, could not be taken into consideration in the context of the acquisition by that national of the right of permanent residence for the purposes of that provision. The continuity of residence was interrupted by periods of imprisonment in the host member state of a third country national who was a family member of a Union citizen who had acquired the right of permanent residence in that member state during those periods for the purposes of article 16(2) and (3).’

WLR Daily, 16th January 2014

Source: www.iclr.co.uk

Terror suspect loses British citizenship appeal – The Guardian

Posted November 13th, 2013 in appeals, citizenship, news, terrorism by tracey

“An Afghan national suspected of travelling abroad for terrorist training has failed in an attempt to retain British citizenship.”

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The Guardian, 13th November 2013

Source: www.guardian.co.uk

Man cannot be stripped of British citizenship, rules Supreme Court – UK Human Rights Blog

Posted October 14th, 2013 in appeals, citizenship, human rights, Iraq, news, public interest, Supreme Court by sally

“In late 2007, the Secretary of State for the Home Department made an order depriving Mr Al Jedda, who had been granted British citizenship in 2000, of his citizenship, under the British Nationality Act 1981. Section 40(4) of the Act prohibits the deprivation of nationality where the effect would be to render the person stateless.”

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UK Human Rights Blog, 14th October 2013

Source: www.ukhumanrightsblog.com

Al-Jedda v Secretary of State for the Home Department – WLR Daily

Posted October 10th, 2013 in appeals, citizenship, law reports, Supreme Court, terrorism by tracey

Al-Jedda v Secretary of State for the Home Department: [2013] UKSC 62;   [2013] WLR (D)  371

“In considering whether an order depriving a person of British citizenship would make him stateless, as required by s 40(4) of the British Nationality Act 1981, as amended, the Home Secretary, and on appeal the court, had simply to identify whether the person held another nationality at the date the order was made. The section did not permit, or require, the Home Secretary to assert that the person’s failure to apply for restoration of another nationality which he would be bound to obtain, rather than the making of the deprivation order itself, made him stateless.”

WLR Daily, 9th October 2013

Source: www.iclr.co.uk

 

Attempt to deprive terror suspect of British nationality is ruled illegal – The Guardian

Posted October 10th, 2013 in appeals, citizenship, news, Supreme Court, terrorism by tracey

“The home secretary’s attempt to deprive a man once held as a terrorist suspect of British nationality has been ruled illegal by the supreme court.”

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The Guardian, 9th October 2013

Source: www.guardian.co.uk

Secretary of State for the Home Department (Appellant) v Al-Jedda (Respondent) – Supreme Court

Posted October 9th, 2013 in appeals, citizenship, immigration, Iraq, judicial review, law reports, Supreme Court by sally

Secretary of State for the Home Department (Appellant) v Al-Jedda (Respondent) [2013] UKSC 62 | UKSC 2012/0129 (YouTube)

Supreme Court, 9th October 2013

Source: www.youtube.com/user/UKSupremeCourt

One million Commonwealth citizens ‘should lose the right to vote in UK’ – The Independent

Posted August 29th, 2013 in citizenship, constitutional history, elections, news, reports by sally

“Around one million Commonwealth citizens will be allowed to vote in the next general election despite not having qualified for British citizenship, in a practice that “should be brought to an end immediately”, a report has argued.”

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The Independent, 28th August 2013

Source: www.independent.co.uk

Duress and deprivation of citizenship – BBC Law in Action

Posted March 13th, 2013 in citizenship, duress, news by sally

“This week, Joshua Rozenberg investigates government powers to strip Britons of their citizenship.”

Listen

BBC Law in Action, 12th March 2013

Source: www.bbc.co.uk

Iranian torture guard refused UK citizenship – BBC News

Posted February 20th, 2013 in armed forces, citizenship, crimes against humanity, immigration, Iran, news by sally

“An Iranian army conscript has been refused UK citizenship after a judge ruled he had been too closely linked with ‘crimes against humanity’.”

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BBC News, 19th February 2013

Source: www.bbc.co.uk

O and another v Maahanmuuttovirasto; Maahanmuuttovirasto v L – WLR Daily

Posted December 10th, 2012 in citizenship, EC law, families, human rights, immigration, law reports by sally

O and another v Maahanmuuttovirasto Maahanmuuttovirasto v L (Joined Cases C-356/11 and C-357/11); [2012] WLR (D) 371

“In circumstances where a third country national husband had married another third country national lawfully resident in the European Union and where the first child, an EU citizen, was a child of the wife’s former marriage to an EU citizen and the second child was a child of their own marriage, a member state could refuse to grant the third country national husband a residence permit on the basis of family reunification where he sought to derive the right of residence from his wife’s first child on the basis of the child’s enjoyment of EU citizenship pursuant to article 20FEU of the FEU Treaty. In those circumstances, however, Council Directive 2003/86/EC on the right to family reunification could apply.”

WLR Daily, 6th December 2012

Source: www.iclr.co.uk

Iida v Stadt Ulm – WLR Daily

Posted November 13th, 2012 in citizenship, EC law, human rights, immigration, law reports, parental rights by sally

Iida v Stadt Ulm (Case C-40/11); [2012] WLR (D) 315

“A third-country national could only derive a right of residence from a European Union citizen in those instances provided for in Parliament and Council Directive 2004/38/EC of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states (OJ 2004 L158, p 77), unless there was another connection with European Union provisions on citizenship.”

WLR Daily, 8th November 2012

Source: www.iclr.co.uk

Do Human Rights Make Bad Citizens? – Lord Justice Laws

Posted November 12th, 2012 in citizenship, constitutional law, human rights, news, proportionality by sally

Do Human Rights Make Bad Citizens? (PDF)

Lord Justice Laws

Northumbria University, Inaugural Lecture 2012

Source: www.judiciary.gov.uk

Supreme Court judgment: Prix v Work and Pensions Secretary – Head of Legal

Posted October 31st, 2012 in appeals, benefits, citizenship, EC law, freedom of movement, news, sex discrimination by sally

“In what amounts to a defeat for the government, the Supreme Court has decided in this case to refer to the European Court of Justice questions on the interpretation of the EU Citizenship Directive, 2004/38.”

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Head of Legal, 31st October 2012

Source: www.headoflegal.com