Citizenship battle heads for the courts

What are the rules on revoking citizenship?

Under the 1981 British Nationality Act, someone can be stripped of their citizenship if the Home Secretary is satisfied it would be ‘conducive to the public good’. The power was extended by the Immigration Act 2014. In the past two years, 194 people have been issued with ‘deprivation orders’ – mainly because they were terrorists, extremists and serious criminals. Crucially, they can only be issued to those with dual nationality because leaving a suspect stateless would breach international law.

Why did Javid act?

Ministers have in the past stripped jihadis and Islamic State brides of their citizenship and banned them from returning to Britain. Begum, 19, travelled to Syria four years ago as a schoolgirl, well aware of the terror group’s brutal reputation for beheadings, crucifixions and rapes. Since being discovered in a refugee camp – where she gave birth to a son – she has been unrepentant, even saying the Manchester Arena suicide bombing, which murdered 22, was ‘justified’. Despite apparently despising Britain, she wants to come home so she and her child can be looked after.

Does Shamima Begum have dual nationality?

Not according to her family’s lawyer. She was born in the UK, her birth was registered here and she has only held a British passport. But the 19-year-old mother has Bangladeshi parents and, under Bangladeshi laws, is automatically eligible to citizenship up to the age of 21. This is why the Home Office says she is not being made stateless. However, it is unlikely that Bangladesh will accept the terror sympathiser.

How did she react?

Speaking from the refugee camp after being informed of the decision yesterday, Begum said she was ‘a bit shocked’. She told ITV News: ‘I am not that shocked but I am a bit shocked. It’s a bit upsetting and frustrating. I feel like it’s a bit unjust on me and my son.’

Can she appeal?

Begum has the right to challenge the Home Office’s decision either by tribunal or judicial review. Lord Carlile, a former reviewer of terrorism legislation, said: ‘The test will be of reasonableness and proportionality so she would have to establish that the Home Secretary acted in an entirely disproportionate way in removing her nationality.’ Mr Javid insists the ruling is ‘legally proper and correct and complies with international and domestic law’. However, last year the Government lost a case against two British-Bangladeshis stripped of their citizenship.

Will the case be concluded swiftly?

Unlikely. Begum’s family have indicated they will fight the decision, initially in the Special Immigration Appeals Commission, so a protracted legal battle is looming. Because it is a complex issue, it could run through the courts for ‘a very long time’, said Lord Carlile. If it does, he predicted Begum could be forced to stay in the squalid refugee camp ‘for maybe two years at least’.

And her baby?

This is complicated. A child born to a British parent before they are deprived of their citizenship is still British. The fact the child was born abroad does not alter that fact. Mr Javid acknowledged that in the Commons, saying: ‘Children should not suffer... if a parent does lose their British citizenship, it does not affect the rights of their child.’ However, that would separate the baby from his mother – which potentially might be challenged as a breach of Article 8 of the European Convention on Human Rights, which safeguards family life. The baby’s father is believed to be Dutch, so he may be entitled to Dutch nationality – and probably Bangladeshi as well though his grandparents.

The public reaction?

Mr Javid will widely be applauded by the public, who are appalled that someone who has joined IS and supported their atrocities should be allowed back into the country. He says his priority is to keep the country safe. However, he has been accused of ‘washing his hands’ of Britain’s responsibility – after all, she lived and was radicalised here. Certainly, it makes him look tough on terrorists – no bad thing if he has one eye on the Tory leadership. But if Begum’s appeal succeeds, Mr Javid will be left with egg on his face – although he will probably blame the judges.