Daci (respondent) v Secretary of State for the Home Department (appellant)

Thursday 12 December 2024

Appeal against the decision of the Upper Tribunal (Immigration and Asylum Chamber) dated 25 March 2024.

The appellant was born in 1981 and is a citizen of Albania. On 23 June 2004 he was issued with a Certificate of Naturalisation as a British Citizen. In a letter dated 2 August 2021, the respondent gave notice of a decision to deprive the appellant of his British nationality under S40(3) British Nationality Act 1981, on the basis that he had given a false identity, and that he was a national of Kosovo with a different date of birth..

The appeal was allowed by the First-tier Tribunal. However, the decision of the First-tier Tribunal was set aside by the Upper Tribunal by an error of law decision issued on 5 October 2023. The appeal was retained in the Upper Tribunal for a resumed hearing to take place, following which the decision was to be re-made. The resumed hearing took place on 18 March 2024.

The appeal was allowed on the basis that the Secretary of State’s deprivation decision was flawed on public law grounds. Specifically, it was concluded that the Secretary of State had failed to lawfully exercise his discretion as to whether deprivation was appropriate.

View hearing:

Part 1

Part 2