New law tightens citizenship appeal rules

A law has been introduced to bolster national security by ensuring that British citizenship is not automatically reinstated to individuals deemed a risk after a successful initial appeal. Titled the Deprivation of Citizenship Orders (Effect during Appeal) Bill, it aims to close loopholes that allow individuals considered threats to return to the UK or be released from immigration detention while further appeals are pending. The legislation addresses concerns highlighted by the Supreme Court, which confirmed that individuals automatically regain their citizenship following a successful initial appeal, even before subsequent appeals are resolved.

Security Minister Dan Jarvis emphasised the need for this change, stating, "Protecting our national security and keeping the British public safe is the first duty of this government and the foundation of our Plan for Change." He further noted that the power to revoke citizenship serves as a crucial tool in safeguarding the nation from dangerous individuals. This new bill will prevent citizenship reinstatement until all appeals are determined, effectively protecting the public from those posing potential threats.

The legislation also addresses the situation where individuals could renounce other nationalities, thus complicating any future deprivation decisions. Without this change, an individual could become stateless if their citizenship was reinstated and subsequently revoked after further appeals, preventing deportation or return from abroad.

Deprivation decisions will continue to be made judiciously by the Home Secretary, specifically in cases deemed “conducive to the public good,” based on the individual’s past conduct and the threat they present. Importantly, this bill does not alter the existing right to appeal citizenship removals or broaden the criteria for deprivation.

Lastly, the bill parallels existing practices surrounding asylum and human rights appeals, where individuals must wait until all legal options are exhausted before being granted status. This unified legal approach is seen as a necessary measure for maintaining national safety and security in the UK