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: The Special Immigration Appeals Commission
Date of decision:

The Special Immigration Appeals Commission (SIAC) allowed an appeal against the Secretary of State’s decision to deprive C3, C4 and C7 of their British citizenship, and found that the decision to deprive C3, C4 and C7 of their citizenship breached s.40(4) of the British Nationality Act 1981, as it would render the appellants stateless. On the date of the deprivation decision, it was found that C3, C4 and C7 did not have Bangladeshi citizenship under the law of Bangladesh and the Secretary of State therefore could not deprive them of their British citizenship.

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: Council of State of the Netherlands (Raad van State)
Date of decision:

The applicant is a dual Dutch/Moroccan national whose Dutch nationality was withdrawn on the basis of a criminal conviction for terrorist activities. The Court rejected the applicant's appeal, concluding, among others, that prevention of statelessness is a valid reason for differentiated treatment between those with a single and with multiple nationalities, and that withdrawal of nationality is not a punitive measure. Withdrawal of nationality in addition to the criminal sentence does not violate the principle that prohibits repeated punishments for the same action.  

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: Supreme Administrative Court
State: Ukraine
Date of decision:

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. 

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. 

Court name: Council of State of the Netherlands (Raad van State)
Date of decision:

The applicant is a dual Moroccan-Dutch nationality, whose Dutch nationality was withdrawn as a consequence of his involvement in a terrorist organisation. The applicant argued that the legal ground for withdrawing nationality only affects dual nationals, who are almost always Dutch nationals with a non-Western background, and thus constitutes discrimination prohibited by the ECHR. The Court ruled that prevention of statelessness is a sufficient and objective justification of this distinction, and the distinction is therefore justified. 

Court name: Supreme Administrative Court
State: Ukraine
Date of decision:

Applicant's Ukrainian nationality was withdrawn on the basis of voluntary acquisition of Canadian nationality. The applicant argued, among others, that he was not a Canadian national at the time of withdrawal of his Ukrainian nationality, and that he became stateless as a result of the withdrawal. Court dismissed his arguments as he did not provide sufficient evidence as to the circumstances of loss of his Canadian nationality.

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: Federal Administrative Court
State: Germany
Date of decision:

Germany’s highest administrative court decides on a case in which stateless minors (the applicants) were granted German nationality. The applicants’ parents applied for their nationality using false information, namely that the family would originate from Lebanon instead of Turkey. The Court held that the withdrawal of nationality is only valid if done promptly, i.e. within a maximum of five years after the nationality has been granted.

Court name: UK Supreme Court
Date of decision:

An appeal as to whether the Secretary of State was precluded under the British Nationality Act 1981 from making an order depriving the appellant of British citizenship because to do so would render him stateless.