In a recent decision, the Special Immigration Appeals Commission (SIAC) has broadened the applicability of the guidance laid down by the Supreme Court in Begum v Special Immigration Appeals Commission & Anor [2021] UKSC 7. This move signifies a significant shift in the way deprivation decisions are made in the UK.
In the case of D5, D6, and D7 v Secretary of State for the Home Department [2023] UKSIAC 2, three Afghan nationals were implicated in an organised criminal group engaged in activities such as human trafficking, exploitation, and money laundering. The Home Secretary decided to strip two appellants of their British citizenship and exclude the third from the UK due to their involvement in serious and organised crime. Notably, this decision was based on non-public information, which added a layer of complexity to the case.
SIAC’s role, as per the Supreme Court’s ruling, is to assess the Home Secretary’s decision from a public law perspective, rather than conducting a comprehensive merits-based review. The fundamental issue here is whether the deprivation of citizenship or exclusion from the UK is in the public interest.
The appellants argued that the Begum guidance was meant solely for national security cases, as these cases involve an evaluation of future risks. Conversely, their cases rested on past events. However, SIAC dismissed this argument, asserting that the core concern in both contexts is whether the decision aligns with the public good. The legislation makes no distinction between national security and other public interest considerations.
SIAC’s decision underlines two critical principles – democratic accountability and institutional capacity. In both national security and serious crime cases, the Home Secretary remains accountable to Parliament and the public for the decisions made. The SIAC judgment emphasised that the same approach should be applied, regardless of the underlying reasons for the decision.
Crucially, SIAC clarified that decisions can only be reviewed on their merits when human rights are engaged. In the present case, all three appellants were abroad when the decisions were issued, and only one had family ties in the UK. This outlines the appropriate point in the process for human rights considerations.
In conclusion, this SIAC decision extends the more restrictive approach laid out in Begum, which only allows deprivation decisions to be challenged on judicial review grounds rather than on the merits. It marks a significant development in the legal landscape surrounding deprivation decisions in the UK, emphasising the importance of accountability and the consistent application of the law across different contexts.
This groundbreaking ruling made by the Special Immigration Appeals Commission (SIAC) has established a crucial legal precedent, offering a clear pathway to deprive individuals of British citizenship in cases involving serious and organized crime. This ruling reinforces the principle that British citizenship is a privilege, not an inherent right. As an immigration lawyer, I highly recommend that legal professionals begin giving due consideration to the criminal history of prospective clients when assisting with citizenship applications. It would not be surprising if the Home Office soon makes it mandatory for all applicants to undergo an official Disclosure and Barring Service (DBS) records check.
This decision is indeed a welcome development. As the court rightly pointed out, organized crime poses a significant threat to national security. The clarity provided by this ruling will play a vital role in preventing the unfair application of these rules, ensuring a just and transparent process. Importantly, it’s worth noting that this ruling can also apply retrospectively, impacting naturalized British citizens who have previously become citizens and later became involved in serious and organized crime. This reinforces the message that British citizenship comes with responsibilities, and individuals engaging in criminal activities may face severe consequences.
You can find the full ruling here: https://www.bailii.org/uk/cases/SIAC/2023/2_SC_176_2020.html
#SIACRuling #DeprivationDecisions #UKImmigration #LegalAccountability #PublicInterest #SupremeCourtGuidance
