Court name: Court of Appeal (Civil Division)
Date of decision:

This case, heard first before the First-tier Tribunal (Immigration and Asylum Chamber) (the “First-tier Tribunal”) followed by the Upper Tribunal (Immigration and Asylum Chamber) (the “Upper Tribunal”), concerned the Secretary of State for the Home Department’s decision under section 40(3) of the British Nationality Act 1981 (the “1981 Act”) to deprive the appellant of his British citizenship granted on 11 December 2007 on the ground that, in his application, the appellant had deliberately concealed the fact that he had earlier obtained a grant of British citizenship using false details. 

Before the Court of Appeal, the key issues to be determined were (i) on whom the burden of proof lay to prove that the appellant would be stateless if deprived of British citizenship, and (ii) whether the Upper Tribunal had correctly determined that the First-tier Tribunal’s failure to consider the issue of the appellant’s statelessness was immaterial.

Court name: European Court of Human Rights
State: Malta
Date of decision:

Egyptian national, who was granted the ability to revoke his Egyptian citizenship, was deprived of his Maltese citizenship years later after the State’s decision that he had obtained his Maltese citizenship from his first marriage through fraud. The Court found that there was no Article 8 violation, holding that the decision to deprive the applicant of his Maltese citizenship did not adversely affect him as a stateless individual, as the decision complied with the law and the applicant had opportunities to seek redress for any potential issues that would arise as a result of the State’s actions.