Riaz, Ayesha (2023) Increasing the powers of the secretary of state for the Home Department to strip individuals of their British citizenship. Modern Law Review. ISSN 0026-7961 (Print), 1468-2230 (Online) (In Press)

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Abstract

In R (on the application of Begum) v Secretary of State for the Home Department, Ms Shamima Begum was deprived of her British citizenship by the Secretary of State for the Home Department. The explanation given was that she had chosen to flee to Syria, aligning herself with Islamic State of Iraq and Levant. To safeguard the UK’s national security, the Supreme Court held that Ms Begum could not return to the UK to challenge the legality of the decision to deprive her of her citizenship. Accordingly, this matter was recently heard in the Special Immigration Appeals Commission whilst Ms Begum remained outside the UK. The Supreme Court further ruled that the Court of Appeal had misconstrued a number of matters: first, the role of Special Immigration Appeals Commission in relation to Ms Begum’s refusal of entry into the UK; second, her citizenship matter and third, the Secretary of State for the Home Department’s extraterritorial human rights policy. This note argues that, as a result of this decision, the equilibrium of power has further shifted in favour of the executive/Secretary of State for the Home Department. This has the effect of attenuating the powers of the appellate bodies to hear cases regarding deprivation of citizenship matters.

Item Type:	Article
Uncontrolled Keywords:	statelessness; Shamima Begum
Subjects:	K Law > K Law (General) K Law > KD England and Wales K Law > KZ Law of Nations
Faculty / School / Research Centre / Research Group:	Faculty of Liberal Arts & Sciences Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC)
Last Modified:	04 May 2023 10:22
URI:	http://gala.gre.ac.uk/id/eprint/42044

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