Thursday 8 December 2022
These are three linked Appeals: N3, E3 and ZA.
The claimants argued in their judicial review proceedings that the respondent had unlawfully concluded that the withdrawal of a decision by the SSHD to deprive a person of their citizenship, on grounds that the decision has rendered them stateless, contrary to s.40(4) BNA 1981 did not entitle them to be treated as UK nationals during the period of deprivation. The SSHD argued that the effect of withdrawal of the deprivation decision was prospective only.
ZA is E3’s daughter and would be automatically entitled to British citizenship if the claimants analysis is correct. If the respondent is correct she will have to make an expensive application which the Respondent’s policy indicates would fail.