This appeal to the Upper Tribunal of the Immigration and Asylum Chamber concerns the Secretary of State for the Home Department’s (hereinafter SSHD) decision to deprive the appellant of his British citizenship. The Upper Tribunal addressed the issue of whether Article 8(1) of the ECHR was engaged and whether the SSDH discretionary decision under section 40(2) or (3) to deprive the individual of his or her British citizenship was exercised correctly. The grounds for judicial review is that the delay in acting on the appellant’s fraud reduces the public interest in deprivation and is a disproportionate interference with Article 8 ECHR.
The case concerns Danish authorities’ decisions to deprive a dual national of his Danish citizenship and to deport him, following conviction for receiving training with ISIS. This was found to be compliant with Article 8 ECHR. The Court reasoned that deprivation of nationality was not arbitrary, that there had been sufficient opportunities to appeal, and that the crime in question, terrorism, was a serious one that endangered human rights. The punishment of deprivation of nationality was found to be proportionate. The Court also found that deprivation of nationality in this instance did not result in impermissible consequences as it did not render the applicant stateless.
The applicant challenged a decision depriving him of his British citizenship and excluding him from the United Kingdom because of his alleged involvement and link to terrorist-related activities. After failing in his appeals to the High Court, Court of Appeal and the Special Immigration Appeal Tribunal, the applicant complained to the European Court of Human Rights (‘the Court’) under Articles 8 and 14. The Court rejected all of the applicant’s complaints, finding them to be manifestly ill-founded, and declared the application inadmissible.
After discovering that the applicant had omitted information when applying for Russian nationality, his nationality was annulled and an entry ban was enforced. The Court applied a two-pronged approach to assess whether the deprivation of the applicant’s nationality was an interference with his right to private and family life, which assessed (i) the consequences for the applicant, and (ii) whether the measure was arbitrary. In light of the far-reaching consequences of this decision and its apparent arbitrary nature, the Court held that the annulment interfered with the applicant's rights guaranteed under Article 8 ECHR. Further, the Court found that the expulsion of the applicant from Russian territory failed to respect the principle of proportionality, given the lack of evidence of any threat to Russian national security posed by the applicant, thereby violating Article 8.
The applicant's Ukrainian nationality was withdrawn rendering him stateless, and subsequently a travel ban of 3 years was imposed on him due to a procedural violation of the border crossing rules. The applicant argued that the travel ban is disproportionate, that he enjoys lawful residence in Ukraine, has very close ties with Ukraine, and that the ban interferes with his right to challenge the deprivation of nationality which rendered him stateless in person in court.
The applicant was born in Poland to a Vietnamese mother. When she was 9 years old a Polish citizen formally recognised her as his daughter, and the local authority subsequently confirmed that she is a Polish citizen by birth. She was growing up as a Polish citizen until another 8 years later the central government authorities invalidated the confirmation of nationality by the local authority, as according to the Polish Citizenship Law changes in parenthood can only lead to acquisition of Polish citizenship if they take place within 1 year of birth. The applicant's arguments related to article 8 ECHR, best interests of the child, as well as long-term presumption of Polish citizenship due to no fault of the applicant, although the court dismissed all arguments.