R3, appeal by
| Jurisdiction | UK Non-devolved |
| Judgment Date | 07 December 2018 |
| Case Outcome | Dismissed |
| Court | Special Immigration Appeals Commission |
| Appellant | R3 |
| Subject Matter | Exclusion |
1
Appeal No: SC/150/2018
Hearing Dates: 1st & 2nd November 2018
Date of Judgment: 7 December 2018
SPECIAL IMMIGRATION APPEALS COMMISSION
Before:
The Hon Mr Justice Garnham
Upper Tribunal Judge Rintoul
Mr H Warren-Gash
R3
APPELLANT
and
SECRETARY OF STATE FOR THE HOME DEPARTMENT
RESPONDENT
Representation:
For the Appellant: Mr H Southey QC and Ms C Robinson, instructed by
Duncan Lewis Solicitors
For the Respondent: Mr R Palmer, instructed by the Government Legal
……………………… Department
2
Introduction
1. R3 appeals against a decision of the Secretary of State for the Home
citizenship. On 27 June 2018, the Commission directed that the question
whether the Appellant was a citizen of Pakistan at the date of the decision
should be dealt with as a preliminary issue. The matter comes before us to
resolve this issue.
2. This preliminary issue was conducted entirely in OPEN.
3. It is common ground that if the Appellant was not a Pakistani citizen at the
date of the decision, he was rendered stateless as a result of it because there
was no other nationality to which he might be entitled. If that were the case,
the Secretary of State would not have been entitled to deprive him of his
citizenship and accordingly his appeal would succeed. If, however, the
Commission finds in the Secretary of State’s favour on the preliminary issue,
it would then have to go on to consider for itself, on a subsequent occasion,
whether the deprivation of citizenship was conducive to the public good.
The History
4. The factual background to this case is not significantly in dispute.
5. The Appellant was born in the United Kingdom on 25 July 1979. His mother
was born in Jhelum, Pakistan on 15 February 1959. His father was born on 20
December 1955 in Mirpur, Azad Jammu and Kashmir. The Appellant’s father
naturalised as a British citizen before 1983 and his mother naturalised on 23
November 1988. The Appellant’s birth in the United Kingdom, prior to the
British national at birth.
6. The notice dated 24 May 2017 informed the Appellant that the Secretary of
State intended to make an order depriving him of his British citizenship on
grounds of conduciveness to the public good. This was based on an
To continue reading
Request your trial