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SIAC rules SSHD’s decision to strip British/Sudanese dual national of British citizenship as lawful and not an abuse of power

L1 v Secretary Of State For The Home Department [2014] UKSIAC SC_100_2010

Related Member(s):
Jonathan Glasson QC
Related Practice Area(s):
Human Rights, Immigration, Asylum and Free Movement, Public Law, Public and Private International Law
Court:

The appellant was a dual British and Sudanese national, and has spent much of the last 7 years in Sudan. At a time when the SSHD knew the appellant to be in the Sudan she took the decision to deprive him of his British citizenship. She took the decision when the appellant was outside the country for national security reasons.

The preliminary issue before the Commission was whether the SSHD’s deliberate actions amounted to an abuse of power and were conspicuously unfair on the appellant.

The Commission found against the appellant and held that the action of the SSHD was lawful. SIAC concluded that there had been no abuse of power.

The Commission accepted that the reason that the SSHD adopted this strategy was that she acting in the interests of national security. The Commission had access to the closed materials, and while the Commission emphasised that it was not commenting on the appellant’s substantive appeal, accepted that the SSHD was provided with evidence that the appellant’s presence in the UK for the duration of his appeal was not conducive to the public good.

The Commission also noted that the strategy did not deprive the appellant of an appeal against the deprivation order, he was still able to appeal, albeit from outside the country.

Jonathan Glasson QC was involved in this case.