Court of Appeal remits citizenship appeal to Upper Tribunal in light of new deprivation order evidence


Re: KV v Secretary of State for the Home Department [2018] EWCA Civ 2483

This appeal raised questions about (1) the significance of this consequence and of the person’s ability to become a national of another country for the exercise of the power and (2) who has the burden of proving the relevant facts.

The Court allowed the appeal and remitted the case to the Upper Tribunal to determine whether the discretion of the Secretary of State under section 40(3) of the British Nationality Act 1981 to deprive the appellant of his British citizenship should be exercised differently in the light of the evidence that a deprivation order would make him stateless and that he is not in a position to re-acquire Sri Lankan citizenship.

Hugh Southey QC was involved in this case.