Things Legal Forum

Law in the News => Media interests => Topic started by: Captain Walker on February 23, 2019, 05:26:38 PM

Title: UK kicks out undesirable citizens
Post by: Captain Walker on February 23, 2019, 05:26:38 PM
I can't recall where I read it, but the UK has 4 classes of citizens. The media have recently reported some as 'second-class' citizens. This matter has arisen become hot in relation to Sajiv Javid stripping Shamima Begum of British Citizenship. For the avoidance of doubt, I hope legal persons including law students can occupy their minds with the legal issues. I'm not opening up a moral debate - which can happen on another site, such as Facebook.

Some key facts that are known and accepted:
1. Begum was born in the UK
2. Grew up in the UK until age 15 - she is now 19.
3. Departed to join ISIS and related causes another land shortly after that.
4. Produced a child recently.
5. Wants to return with child.
6. Has been refused re-entry based on her beliefs and association with terrorist ideologies.
7. Her British citizenship has been voided.
8. She never held dual citizenship or passport from another country (to her knowledge).

The issues (paraphased for easy reading):
1. Her mother is Bangladeshi.
2. Therefore she is eligible to have dual nationality or citizenship, according to the UK authorities.
3. Bangladesh says she is not a citizen, "The Government of Bangladesh is deeply concerned that she has been erroneously identified as a holder of dual citizenship shared with Bangladesh alongside her birthplace, the United Kingdom."
4. The UK authorities say that she is a Bangladeshi citizen or eligible to be one, based on long legal tradition in Bangladesh - having been born of a Bangladeshi mother. This said to be consistent with application of the British Nationality Act 1981 (https://www.legislation.gov.uk/ukpga/1981/61/section/40/).
5. Fahad Ansari, a lawyer who acted for two men in a similar case (https://www.independent.co.uk/news/uk/crime/british-citizenship-removal-isis-terrorists-extremists-stateless-illegal-blocked-court-bangladesh-a8645241.html), has said the UK-born children of Bangladeshi parents are automatically dual citizens at birth, but that right lapses at the age of 21.
5. International law prohibits stripping a person of their citizenship if they are not also a citizen of another nation.
6. At this time Begum resides in a refugee camp in northern Syria.
7. Unclear is the status of Begum's child.

Actions:
1. Begum and family are suing the government.

Possible outcomes:
A. Battle between the UK and Bangladeshi law.
B. Battle with International Law.
C. Battle between Begum and UK Home Office.

But hold on - is there a problem? Some say hundreds of thousands of second generation citizens rights are affected by this application of the law. But strangely nobody could throw out the killer of Amy Houston (https://www.telegraph.co.uk/news/uknews/crime/8485717/End-the-Human-Rights-farce-Amy-died.-He-got-a-slapped-wrist.html). Why?

Compare and contrast case of Kweku Adoboli (https://www.bbc.co.uk/news/business-46209149)

Disclaimer: I have no association with any of the persons named above, or any other person or organisation associated with their causes. I have no missions.