Have a question?
033 3772 0409

Public Law Solicitors

Duncan Lewis Solicitors’ Naim Hasani wins landmark Judgment in The Supreme Court, overruling nullity of British Citizenship for two Albanian Nationals (21 December 2017)

Date: 21/12/2017
Duncan Lewis, Public Law Solicitors, Duncan Lewis Solicitors’ Naim Hasani wins landmark Judgment in The Supreme Court, overruling nullity of British Citizenship for two Albanian Nationals

The United Kingdom Supreme Court handed down a very important judgment today, 21st December, allowing the Appeals of Dinjan Hysaj and Agron Bakijasi, Hysaj & Ors, R (on the application of) v Secretary of State for the Home Department [2017] UKSC 82, overruling the judgments of the Administrative Court and the Court of Appeal, who had previously ruled that the decisions of the Secretary of State for the Home Department, to treat their grant of British citizenship as a nullity, on the basis that it was obtained by means of impersonation was lawful. The consequence of this ruling is that “nullity” principle where a person is not and has never been a British citizen is limited to a small number of cases of impersonation of a real person’s identity.

The Appellants were both Albanian nationals, who entered the United Kingdom during the late 1990’s and claimed asylum on the false particulars, pretending to be from Kosovo. They were granted indefinite leave to remain in the United Kingdom in different circumstances and went on to become British citizens. The issue in these appeals was “whether the misrepresentation made by the Appellants in their applications for United Kingdom citizenship made the grant of that citizenship a “nullity”, rather than rendering them liable to be “deprived “of that citizenship under Section 40 and 40A of the British Nationality Act 1981.”

The Supreme Court held that “the Respondent was bound by Court of Appeal authority to conclude, when the Appellants’ fraud came to light that in each case, the grant of British citizenship was a “nullity”, so that the Appellants were not and had never been British citizens.

In arguing the doctrine of “nullity”, the law took a wrong turn after the Court of Appeal decision on R v Secretary of State for the Home Department, Ex p Parvaz Akhtar [1981] QB 46. The previous Court of Appeal decisions and the decision in the instant Appeals were based on the principle that there is a category of fraud as to the identity, which is so serious that a purported grant of citizenship is of no effect. The Secretary of State argued that the courts have not articulated any clear or principled definition of the types of fraud, which will be so serious as to have this consequence. In the current appeals, neither of the Appellants pretended to be someone they were not.”


The Supreme Court allowed both the appeals, accepting that they are British citizens by naturalisation, under section 6(1) of the British nationality Act 1981 and that that citizenship remains valid, unless and until a formal deprivation order is made, pursuant to section 40(3) of the 1981 Act. The Court accepted that their children are British citizens too.

The Supreme Court held that the decisions of the Secretary of State that the Appellants’ British citizenships were nullities (i.e. that they were not and had never been British citizens) were wrong in law.

Significantly the Supreme Court concluded that the previous judgments of the Court of Appeal in Akhtar and Bibi and Hysaj be overruled. It is now clear that nullity should be confined to the person who obtained the citizenship using false identity and this does not include derivative grant of citizenship such as innocent third parties including children or spouses.

The Supreme Court has now clarified the law concerning the application of principles of “deprivation” of British Citizenship and “nullity” by overruling previous Court of Appeal authority. This will have far-reaching consequences considering that there are many cases which have been stayed in the lower courts, pending this judgment.

R (on the application of Hysaj and others) and Bakijasi (Appellants) v Secretary of State for the Home Department (Respondent)
URL: https://www.supremecourt.uk/cases/docs/uksc-2016-0209-judgment.pdf

Acting for the Appellants – Naim Hasani of Duncan Lewis Solicitors

Counsel in this matter were Stephen Knafler QC, of Landmark Chambers, alongside Sonali Naik and Helen Foot, both of Garden Court Chambers.

Naim Hasani, Immigration and Public Law solicitor at Duncan Lewis, has extensive experience in Judicial Review applications on asylum and immigration matters, with specialist expertise in British nationality deprivation matters. Naim has a strong client base, acting for a large number of clients, originating from Albania, Kosovo and the rest of the Balkans, in all aspects of asylum, immigration and other areas of law. He is a passionate Human Rights campaigner.


For all Public Law related matter contact us now.Contact Us

Call us now on 033 3772 0409 or click here to send online enquiry.
Duncan Lewis is the trading name of Duncan Lewis (Solicitors) Limited. Registered Office is 143-149 Fenchurch St, London, EC3M 6BL. Company Reg. No. 3718422. VAT Reg. No. 718729013. A list of the company's Directors is displayed at the registered offices address. Authorised and Regulated by the Solicitors Regulation Authority . Offices all across London and in major cities in the UK. ©Duncan Lewis >>Legal Disclaimer, Copyright & Privacy Policy. Duncan Lewis do not accept service by email.