The Supreme Court handed down its decision in N3 & ZA v Secretary of State for the Home Department [2025] UKSC 6. The Court allowed N3 and ZA’s appeals against the decision of the Secretary of State not treat them as having always been British citizens, following the withdrawal of the decisions depriving N3 and E3 (ZA’s father) of their British citizenship. In allowing the appeal, the Court held that when an appeal against a deprivation decision is allowed (or a decision is withdrawn), the order is treated as having had no effect for the purpose of determining the individual’s status, such that they are to be treated as always having been a British citizen. However, a successful appeal does not mean that the original decision was unlawful, such that any immigration enforcement action taken on the basis of the deprivation order was lawful and cannot be challenged.
Hugh Southey KC, leading Alasdair McKenzie instructed by Fahad Ansari of Duncan Lewis represented the Appellant, Z3.
James Stansfeld, led by Neil Sheldon KC represented the Secretary of State.