Shamima Begum has won her appeal against Home Office's refusal to allow her to travel to UK to appeal deprivation of citizenship. She can now (subject to any further appeal) travel to UK for appeal:
Summary (quoted below): judiciary.uk/wp-content/upl…
Judgment judiciary.uk/wp-content/upl…
Summary (quoted below): judiciary.uk/wp-content/upl…
Judgment judiciary.uk/wp-content/upl…
Important to understand the Court did not rule on Begum's deprivation of citizenship - but 2 preliminary issues:
1. Should she be permitted to travel to UK for appeal as otherwise she cannot meaningfully participate (yes)
2. Should the special appeal court do a...
1. Should she be permitted to travel to UK for appeal as otherwise she cannot meaningfully participate (yes)
2. Should the special appeal court do a...
... full merits review of the Secretary of State's decision including a human rights consideration (risk to life and inhuman treatment). The answer was SIAC (the special appeal court) should do the full human rights consideration.
A very human judgment!
A very human judgment!
I wrote about the deprivation of citizenship issue last year - in this thread
The judgment is very interesting - the analysis section is from paragraph 92.
Here the court clearly finds distasteful the government's argument, in effect, that Begum left of her own volition and therefore shouldn't be entitled to a fair trial. Rightly so. She was 15 years old
Here the court clearly finds distasteful the government's argument, in effect, that Begum left of her own volition and therefore shouldn't be entitled to a fair trial. Rightly so. She was 15 years old
The Home Secretary couldn't get around this stark statement by the first court - Begum "cannot play any meaningful part in her appeal, and that, to that extent the appeal will not be fair an effective"
The right to a fair trial should be central to our justice system
The right to a fair trial should be central to our justice system
Begum argued as she could not have a fair appeal the appeal should be allowed. Court rejected that but concluded she should return to UK with strict security conditions to fight appeal.
"fairness and justice must, on facts of this case, outweigh the national security concerns"
"fairness and justice must, on facts of this case, outweigh the national security concerns"
Ouch "blandishments". It's ok, Sir James can take it
The 2nd issue is really important too - as SIAC (the court which decides the appeal) will have to consider the deprivation of citizenship issue for itself based on a full analysis of the risks to Begum of death or inhuman treatment/torture - not just whether Home Sec was rational
Court almost bit and decided the issue for itself ("I see the force of those submissions") but ultimately trod the middle path which is really the direction of travel throughout the judgment and sent it back to the first court to fully determine. All to play for for Begum
Great result for @TomRHickman + team of excellent lawyers who foregrounded rule of law, right to a fair trial and right not to be tortured - British values which we should never be deprived of
Legally aided too. Sorry Daily Mail, you got this one wrong
Legally aided too. Sorry Daily Mail, you got this one wrong
Home Office are to apply for permission to appeal -
(presumably to the Supreme Court which will hear the appeal against the Court of Appeal and a 'leapfrog' appeal against the Divisional Court?)
(presumably to the Supreme Court which will hear the appeal against the Court of Appeal and a 'leapfrog' appeal against the Divisional Court?)
I assume permission to appeal will be granted on first issue at least (whether Begum should be able to return to UK to fight appeal). Will the Home Secretary resurrect her (in effect) "she deserves an unfair appeal" argument? Or something more attractive?
Whatever you think about rights and wrongs of Begum' case, it is clearly right that anyone who is being stripped of their citizenship by UK state should be entitled to a fair appeal against that decision. We can argue about what "British values" are but surely that's one of them
It would be hugely ironic (and wrong) if British state stripped someone of their citizenship, let alone someone like Begum who was born here and left as a child, whilst also stripping them of their basic civil rights in the process. Court should never have allowed the possibility
As @sundersays said to me once, regarding Abu Qatada, at least in the end we could say that he was deported with his human rights intact.
Some people should be deported - no doubt - but the process must be fair. Otherwise what do we become?
Some people should be deported - no doubt - but the process must be fair. Otherwise what do we become?
All that said, government will probably be hoping that by the time Supreme Court appeal comes around the situation will have changed for her such that she can meaningfully participate in her appeal from abroad. They have to get around the finding of inevitable unfairness though
