Court name: The High Court of Justice Queen’s Bench Division Administrative Court
Date of decision:

Two of the applicants, E3 and N3, were deprived of their British citizenship by the defendant, the Secretary of State for the Home Department. Following the determination of the Special Immigration Appeals Commission (“SIAC”) in similar cases, the defendant withdrew her deprivation decisions against the applicants, whose citizenship was reinstated. 

During the period of deprivation, the third applicant, ZA, who is the daughter of one of the applicants, was born. The applicants claimed that ZA should be automatically entitled to British citizenship. The court held that the child of a British citizen born during a period in which her father had been deprived of his citizenship (which was later reinstated), was not automatically British at birth, as the decision to reinstate the father’s citizenship did not have retroactive effect.  

Court name: Court of Justice of the European Union
State: Germany
Date of decision:

The Court held that it is not contrary to EU law for Member States to withdraw citizenship obtained by deception, even if the effect is to also withdraw citizenship of the Union, so long as the decision observes the principle of proportionality.

Court name: Supreme Court
State: Ireland
Date of decision:

The applicant brought an appeal challenging the constitutionality of s.19 of the Irish Nationality and Citizenship Act 1956, which governs the procedure by which revocation of naturalisation is determined. The fact that the Minister initiated the revocation process, appointed the committee charged with conducting the inquiry and then reached the final decision, was unconstitutional according to the applicant, as it breached the right to fair procedures. The Court held that s.19 was unconstitutional because it did not provide the procedural safeguards required to meet the high threshold of natural justice applicable to a person facing such severe consequences, i.e. revocation of naturalisation.

Court name: Vienna Administrative Court
State: Austria
Date of decision:

The applicant received assurance of obtaining Austrian nationality if she renounces her Estonian nationality. After the renunciation, it appeared that the applicant committed two administrative offences related to her driving, which in addition to the eight she committed previously were considered as an indication of her no longer fulfilling the public order requirement for naturalisation. This resulted in the withdrawal of assurance of obtaining Austrian nationality, leaving the applicant stateless.