The deprivation of British nationality

Halil Al-Jedda v Secretary of State for the Home Department (Deprivation of citizenship - Substantive - Dismissed) [2010] UKSIAC 66/2008 (26 November 2010)

The claimant Mr. Halil Al-Jedda was detained in Baghdad in October 2004 on suspicion of terrorist activities (weapons smuggling and explosive attacks in Iraq).  He was taken to Basra where he remained in custody for three years under British forces. It was later discovered that he was a British Citizen. The Home Secretary decided to strip him of his nationality. Mr. Jedda appealed against that decision arguing that he could not be deprived of his British Nationality as that would render him Stateless.

The Special Immigration Appeals Commission (SIAC) considered the case following a preliminary hearing on the issue.

The claimant was born in Kirkuk, Iraq. He arrived in the UK in 1992 and claimed asylum. He was granted refugee status in 1994 and given leave to remain for four years. Thereafter, he successfully applied for indefinite leave to remain. He applied for and was granted British nationality in June 2000. He travelled to Iraq in September 2004. He was detained for suspected terrorist activities including the recruitment of terrorists outside Iraq for the commission of attacks in Iraq and against the coalition forces. Mr Al-Jedda challenged his detention resulting in his case going to the House of Lords. His appeals were dismissed. In December 2007, he was released from detention and travelled to Turkey where he currently resides with his third wife and children. He sought to re-enter the UK and for the restoration of his British Nationality.

Prior to the claimant’s release from detention, the Home Secretary considered whether to deprive him of his nationality as she was empowered to do so under section 40(2) of the British Nationality Act 1981. This Act provides that nationality can be deprived where it would be conducive to the public good. In November 2007, the Secretary of State wrote to the claimant advising him of her intention to deprive him of his nationality and inviting him to make representations on this issue. The claimant’s solicitors wrote to the Home Secretary confirming that they were seeking to challenge the order and asking some questions as to the factual basis for believing that the claimant was involved in terrorist activities. The Home Secretary responded to some of the questions put by to her but not as to the factual basis for believing that he was involved in terrorism. The solicitors argued that proper representations could not be made without the information they requested.

 This was rejected and on 14^th December 2007, the Home Secretary made the order to deprive the claimant of his nationality. The Home Secretary did not make reference to section 40(4) of the Act which provides that she cannot deprive nationality if that would render the person Stateless. This provision also ensured compliance with article 8.1 of the Convention on the Reduction of Statelessness. The claimant’s solicitors had not referred to this either.

Following the substantive consideration of Iraqi nationality laws and the restoration of citizenship, the Commission concluded that the claimant’s Iraqi nationality had been restored and that the Home Secretary’s order had not rendered him Stateless. For the full judgement please see following link: http://www.bailii.org/uk/cases/SIAC/2010/66_2008.pdf