To explain a little futher, i.e. a meta-explainer, those two things remain distinct in statute. The power to basically *make* someone immediately stateless is only for naturalised citizens, where there the HO has rsable grounds to believe they can have citizenship elsewhere.
The confusion in discussion arises because Begum is not naturalised, and yet seems to have been made stateless.
Begum was born in the UK, to Bangladeshi parents. She is (was) in the first bracket, i.e. a UK citizen, therefore can't be made stateless.
But the HO argued that she inherited Bangladeshi citizenship through her parents, i.e. she was a dual national without that having been anyone's understanding or a functional aspect of her life up to that point. Therefore she wouldn't actually be stateless.
That is to say she didn't become stateless via the less-protected naturalised-citizens-with-reasonable-right-to-citizenship-elsewhere-only route; she was a citizen who was deemed by the UKSC to actually have dual nationality. Hang on b/c it gets stupider -
It ended in dispute btwn experts on how Bangladeshi citizenship passes by lineage. Ultimately, the Supreme Court took the HO's view, thereby inferring (and in a sense conferring) Bangladeshi citizenship to Begum. Despite Bangladesh itself saying she's not. bbc.co.uk/news/uk-473122…
Clear as mud? That is as intended, I feel. Partly because it *feels* like what has actually happened is that they've decided she has a reasonable right to citizenship elsewhere (since Bangladesh refutes this), therefore she must have been... naturalised? But.. that's not right?
This goes to show how fragile all this is, and why the distinction between the 'all citizens' and 'naturalised citizens' versions of the power is potentially less significant than is made out. The UK govt decided Begum was a dual national, against what the other nation said.
Nevertheless, the point remains that part 15 of my original explainer thread is missing the middle bit: any citizen can be deprived if conducive to the public good AND it won't make them stateless;
but only naturalised citizens can be deprived even if it *does* make them stateless, so long as the HO thinks there are rsable grounds that the person cld get citizenship elsewhere.
For the shockingly little that's worth - if they want shot of you, they'll find a way.
(It was the SIAC, not the Supreme Court, which made the findings I've incorrectly attributed to the UKSC above, re Bangladeshi citizenship and statelessness. See here: freemovement.org.uk/court-of-appea…
I'm very, very tired. )
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A slightly longer explainer 🧵, breaking all this down step-by-step, because predictably, @ukhomeoffice has flooded the field with mis- and disinformation, and it deserves unpacking:
The power to take citizenship away has existed in some form for a very long time. [1/n]
The version of the citizenship deprivation power currently in use goes back to the 1981 British Nationality Act. Section 40, clause 3 gives the Secretary of State the right take away citizenship from naturalised citizens. Take a look at the conditions in clause 3. [2/n]
The power was construed in quite a limited way - really, it related to actual treason. And it could not be applied to naturalised citizens if it would make them stateless - see clause 5, and 5(b) in particular. [3/n]
Perhaps not hypocrisy per se, but there is definitely something strange about a Home Sec who wants to enhance powers to strip citizenship from naturalised and dual citizenship holding Britons, given her own background. Clause 9 of NABB will do that; [1/5]
but it's high time we consider the root power itself.
The current iteration of the power is contained in the British Nationality Act 1981. If you're a Windrush victim, that will be depressingly familiar - it is one of the key pieces of legal architecture, [2/5]
along with the Immigration Act 1971, which removed Windrush migrants and their descendants' automatic right (w/o registration) to citizenship in the Mother Country, to which they had come to take up employment post WW2. It laid the base for the hostile environment. [3/5]
🧵In case you need convincing or reminding - here's why we need to block this bill: [1/15]
This is a great summary by @_BvdM on Clause 9. To reiterate, the power to strip citizenship in some cases already exists; it is the notice provision that is new. But it IS a lurch into (more) authoritarianism. And guess who it will target? newstatesman.com/politics/2021/… [2/15]
I have a more specific concern about the potential use of Clause 9 against ex-prisoners - a similarly worded clause in Borders Act 2007 is used to deport Black and brown ex-prisoners who hold ILR. (@followMFJ do excellent work to stop charters)
It has been clear for a while that @ukhomeoffice is unfit to run the Windrush Compensation Scheme, and unwilling to make the kind of changes needed to fix it. You've probably seen us "calling" for the Scheme to be moved.
With @GoodLawProject, we have started the process to seek judicial review of @pritipatel's decision to keep control of the Windrush Compensation Scheme. It's a decision that is mind-boggling in one sense bc @ukhomeoffice is demonstrably terrible at running the scheme; [2/6]
but in another sense, it was inevitable - the HO does not and will never accept that Windrush victims need genuine reparation, and that the process should be approached in the same way as it would if the victims were white, wealthy and/or of a different social class. [3/6]
The headlines are: (i) the Select Committee believes the Scheme should be administered independently, and isn't sure why it was ever run in-house, so to speak; (ii) total number eligible STILL UNKNOWN, low uptake of those known to be eligible; [2/]
(iii) applications *require* legal assistance, i.e. this is not a DIY job as @sajidjavid, @pritipatel and others have variously claimed. The SC recommends extending LASPO 2012 to cover this + says We Are Digital, which also has other @ukhomeoffice contracts, is insufficient; [3/]
This evening, the charity Justice launched their report on ‘Reforming the Windrush Compensation Scheme’ – we’ve not had the chance to read the full report yet but wanted to share some initial thoughts from the launch. [1/n]
The main themes of the report are a lack of trust among claimants, exacerbated by the lack of independence of the Scheme, a series of procedural and structural problems with the Scheme, and a general lack of compassion, empathy and respect in the handling of claims [2/n]
The main and most important (TL;DR) recommendation is that the Scheme should be taken away from the Home Office because the aims of the Scheme are undermined by the lack of independence of the Scheme. Cannot emphasise our agreement with this enough. [3/n]