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Special Immigration Appeal considers Shamima Begum’s request to amend grounds of appeal

Published:

Re: Begum (and Others) v. The Secretary of State for the Home Department [Appeal Nos: SC/163/2019]

The Special Immigration Appeals Commission considered whether to allow the appellant to amend her grounds of appeal against a decision to deprive her of her British citizenship.

The appellants had been deprived of their British Citizenship pursuant to a power contained in section 40 of the British Nationality Act 1984 and were being held in a camp in Syria. SB asked for permission to change her grounds of appeal against the deprivation to include several new grounds, including that the Secretary of State for the Home Department failed to investigate the obvious possibility that she had been the victim of trafficking.

Held – The Commission found that the appellant should be granted permission to advance some of the new grounds, but not all. The Commission denied permission to amend the grounds relating to trafficking. The rest of the grounds were permitted to be amended, including the ground that SB was not given the opportunity to make representations on the matter of the depravation of her citizenship. SB was given permission to amend the grounds alleging that the Secretary of State had erred in concluding that she constituted a threat to national security, however these grounds were stayed.

Tim James-Matthews and Samantha Knights QC were involved in this case.

The judgment can be found here.