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British Citizenship revoked?
I have been given a decision saying my British Citizenship is being revoked. What does this means and what are my rights?
The SSHD’s power to revoke a person’s citizenship can only use in two instances. Firstly, this is where the revocation is considered ‘conducive to the public good’ – for example where the SSHD believes that a person has been involved in activities involving:
- National security (particularly relating to acts of terrorism or espionage)
- Behaviour thought to amount to glorification of terrorism
- War crimes
- Serious Organised Crime
Secondly, the SSHD has the power to deprive on grounds of fraud. This power is exercised where it is believed that a person obtained their citizenship through fraud or deception, but were in fact not entitled to citizenship in the first place.
A person cannot be deprived of their citizenship under the British Nationality Act 1981, if it means that they would be rendered stateless. A decision to revoke citizenship is made if the Secretary of State is satisfied that the person is, or has been, able to obtain nationality through another country.
The Nationality and Borders Act 2022, by virtue of Section 5A of the British Nationality Act 1981, allows the Secretary of State to revoke citizenship without notice if the it is considered necessary in the interests of:
- national security,
- the investigation or prosecution of organised or serious crime,
- preventing or reducing a risk to the safety of any person, or
- the relationship between the United Kingdom and another country.
Any decision to deprive someone of their British citizenship without notice carries a right of appeal to the Special Immigration Appeals Commission (SIAC).
Is legal aid available for SIAC appeals?
Legal Aid is available for Special Immigration Appeals Commission (SIAC) appeals subject to satisfaction of the financial eligibility requirement as well as showing that your appeal has merit.
Legal Aid is available for SIAC appeals subject to satisfaction of the financial eligibility requirement as well as showing that your appeal has merit.
Our specialist team of Immigration solicitors and lawyers can assist you with your Special Immigration Appeals Commission, [SIAC] appeal. Call 033 3772 3202 for assistance.