G3, appeal by
| Jurisdiction | UK Non-devolved |
| Judgment Date | 15 December 2017 |
| Case Outcome | Allowed |
| Court | Special Immigration Appeals Commission |
| Appellant | G3 |
| Subject Matter | Preliminary issue |
Appeal No: SC/140/2017
Hearing Dates: 15th & 16th November 2017
Date of Judgment: 15 December 2017
SPECIAL IMMIGRATION APPEALS COMMISSION
Before:
The Hon Mr Justice Lane
Upper Tribunal Judge Perkins
Mr Boyd McCleary
G3
APPLICANT
and
SECRETARY OF STATE FOR THE HOME DEPARTMENT
RESPONDENT
Representation:
For the Appellant: Mr T Hickman and Miss J Kerr-Morrison, instructed by
Irvine Thanvi Natas Solicitors
For the Respondent: Mr N Sheldon, instructed by the Government Legal
Department
Introduction
1. G3 was born in 1990 in Enfield, London. At the time of her birth, her
father, a Bangladeshi national, was present and settled in the United
Kingdom. Accordingly, G3 acquired British citizenship by birth,
pursuant to section 1 of the British Nationality Act 1981.
2. In November 2016, G3 was placed in detention by the Turkish
authorities in Gaziantep. So too were two children, aged 1 and 2, who
are said to be G3’s biological children.
3. The respondent assessed G3 to have been involved in terrorism-related
activity with ISIL overseas and that G3 presents a risk to the national
security of the United Kingdom, due to her extremist views. In June
2017, the respondent served on G3’s former representatives a notice of
the respondent’s intention to deprive G3 of her British citizenship,
signed by the respondent but subsequently withdrawn, on the grounds
that the representatives of G3 had not been properly served.
4. On 3 August 2017, the respondent served a new notice of intention to
deprive, on the present representatives of G3, followed by a fresh
deprivation order dated 6 August 2017.
5. Insofar as relevant for present purposes, section 40 of the 1981 Act
provides as follows:-
“40. Deprivation of citizenship
…
(2) The Secretary of State may by order deprive a person of a
citizenship status if the Secretary of State is satisfied that
deprivation is conducive to the public good.
…
(4) The Secretary of State may not make an order under
subsection (2) if he is satisfied that the order would make a
person stateless.”
6. G3 has appealed to the Commission against the respondent’s decision to
7. On 3 November 2017, Laing J ordered that the issue of G3’s statelessness
was to be determined as a preliminary issue. G3 contends that, if
deprived of her British citizenship, she would be stateless because she
does not have citizenship of Bangladesh.
8. The hearing of the preliminary issue took place on 15 and 16 November
2017 at Field House. The Commission heard expert evidence by video-
link from Bangladesh from Professor Ridwanul Hoque (called by G3)
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