IS bride Begum can return to UK
SHAMIMA BEGUM – one of three east London schoolgirls who travelled to Syria to join the so-called Islamic State group (IS) – should be allowed to return to the UK to challenge the deprivation of her British citizenship, senior judges have ruled.
Ms Begum, now 20, travelled to Syria in February 2015 and lived under IS rule for more than three years before she was found, nine months pregnant, in a Syrian refugee camp in February last year.
Then-home secretary Sajid Javid revoked her British citizenship on national security grounds later that month.
Ms Begum took legal action against the Home Office, claiming the decision was unlawful because it rendered her stateless and exposed her to a real risk of death or inhuman and degrading treatment.
In February, the Special Immigration Appeals Commission (SIAC) – a specialist tribunal which hears challenges to decisions to remove someone’s British citizenship on national security grounds – ruled the decision was lawful as Ms Begum was “a citizen of Bangladesh by descent” at the time of the decision.
The tribunal also found that she “cannot play any meaningful part in her appeal and that, to that extent, the appeal will not be fair and effective”, but ruled that “it does not follow that her appeal succeeds”.
Ms Begum’s challenge to the Home Office’s decision to refuse to allow her to enter the UK to effectively pursue her appeal was also rejected.
Yesterday, the Court of Appeal ruled that “the only way in which she can have a fair and effective appeal is to be permitted to come into the United Kingdom to pursue her appeal”.
Downing Street said the Government was “bitterly disappointed” by the ruling and the Home Office said it plans to appeal, while Mr Javid said he was “deeply concerned” by the decision.
But Ms Begum’s lawyers welcomed the news.
Lord Justice Flaux – sitting with Lady Justice King and Lord Justice Singh – said: “Fairness and justice must, on the facts of this case, outweigh the national security concerns, so that the leave to enter appeals should be allowed.”
The judge found that “the national security concerns about her could be addressed and managed if she returns to the United Kingdom”.
In its ruling, the court said: “If the Security Service and the Director of Public Prosecutions consider that the evidence and public interest tests for a prosecution for terrorist offences are met, she could be arrested and charged upon her arrival in the United Kingdom and remanded in custody pending trial.”