Shamima Begum has lost the initial stage of her appeal against the Home Office’s decision to revoke her citizenship.
The Bethnal Green schoolgirl who fled London in 2015 to join the Islamic State in Syria has requested to return to the UK following the death of her three children. She was stripped of her British citizenship by former Home Secretary Sajid Javid. Under international law, it is illegal to strip nationals of their citizenship in the event of leaving them stateless.
Begum’s immigrant parents and a possible recourse to her Bangladesh nationality had created a massive controversy around the subject of dual citizenship. However, in February 2019, Bangladesh's ministry of foreign affairs said she was not a Bangladeshi citizen and there was "no question" of her being allowed into the country.
Now, a recent judgment by the Special Immigration Appeals Commission (SIAC) has found three grounds against her return to the UK.
The ruling said that when she was stripped of her UK citizenship, Begum “was a citizen of Bangladesh by descent, by virtue of [Bangladeshi nationality legislation]. She held that citizenship as of right. That citizenship was not in the gift of the [Bangladesh] government and could not be denied by the [Bangladesh] government in any circumstances.”
The judgment observed that the decision of stripping her off her citizenship does not make her stateless. However, it said, she could nonetheless continue with her substantive appeal. The judgment read:
“We accept that, in her current circumstances, [Begum] cannot play any meaningful part in her appeal and to that extent, the appeal will not be fair and effective.”
However, it went on, parliament, had intended that the home secretary “should be free to make a deprivation order immediately after giving notice of intention to deprive the person concerned her citizenship, whether or not the person concerned wishes to … appeal against the notice”.
Her lawyer Daniel Furner, reportedly said his client would "immediately initiate an appeal" against the decision "as a matter of exceptional urgency". The proceedings continue.
