- 1 result found
- 2021
- Deportation and removal
- Respect for private and family life
- Clear
Court name: Upper Tribunal (Immigration and Asylum Chamber)
State: United Kingdom
Date of decision:
Legal instruments: European Convention on Human Rights (ECHR)
Key aspects: Acquisition of nationality, Country of return, Deportation and removal, Deprivation of nationality, Refugee status determination, Respect for private and family life
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.