Closure of loophole to keep terrorists and extremists out of UK

The Deprivation of Citizenship Orders (Effect During Appeal) Bill addresses a gap in the law identified by the Supreme Court where it confirmed people automatically regain their British citizenship if their initial appeal is successful, even before further appeals have been determined.

This could mean individuals whom the Government still considers pose a risk to the UK’s national security can either be released from immigration detention or return to the UK while further appeals are still possible or are ongoing.

This change will also prevent an individual from having British citizenship reinstated and then renouncing any other nationalities. This would mean any future decision to deprive their citizenship following a successful further appeal could not be made as it would unlawfully render them stateless, meaning that they could also not be deported from the UK or be prevented from returning if they were already overseas.

Essential tool

Security Minister Dan Jarvis said: “Protecting our national security and keeping the British public safe is the first duty of this Government and the foundation of our ‘Plan for Change’. The power to deprive someone of their British citizenship is an essential tool and helps to protect us all from some of the most dangerous individuals.”

Jarvis added: “We must close this gap in the law and prevent British citizenship from being reinstated for individuals until all appeals have been determined. This is the right thing to do if we believe someone is a threat to our national security and it will make Britain safer.”

Deprivation decisions on ‘conducive to the public good’ grounds are taken only in the most serious cases by the Home Secretary where it’s in the public interest to do so because of the individual’s conduct or the threat they pose to the UK.

Similar approach

The change in the law follows the similar approach taken in asylum and Human Rights appeals cases whereby asylum isn’t granted to a person appealing a rejection until all further appeals – right up to the Court of Appeal – have been determined.

Consisting of two clauses, the Deprivation of Citizenship Orders (Effect During Appeal) Bill makes no change to a person’s existing right to appeal any decision to remove their British citizenship and doesn’t widen the reasons for which an individual could be deprived of their citizenship.