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R (on the application of Begum) v Secretary of State for the Home Department

The Supreme Court is considering three issues in the appeal on preliminary legal issues arising in Ms Begum’s appeal against the deprivation of her citizenship:

  1. Was the Court of Appeal right that Ms Begum’s inability to have a fair and effective appeal from her current location means the Secretary of State is required to give her Leave to Enter the UK to participate in her appeal?
  2. Alternatively, should her deprivation appeal be allowed on the basis that she cannot have a fair and effective appeal?
  3. In any event, in respect of the Secretary of State’s policy not to deprive a person of citizenship if to do so would expose them to a risk of treatment breaching Article 2 or Article 3 of the European Convention on Human Rights (the right to life, and the right not suffer inhuman and degrading treatment), is the Special Immigration Appeals Commission required to decide for itself if the risk arises, or should it apply judicial review principles?

The parties’ cases are available at the links below. They are redacted in accordance with a confidentiality order made by the Supreme Court.

Secretary of State’s written case

Shamima Begum’s written case