The Supreme Court has upheld in a test case, the Home Secretary's decision to strip Shamima Begum of her British Citizenship after she left for Syria to support the Islamic terrorist fighters Isis.
The Home Secretary Savid Javid stripped her of her British citizenship in 2019 after she was captured and put in detention by Syrian Kurds.
Begum appealed and in July last year the Court of Appeal ruled that she should be allowed to enter the UK to personally challenge the Home Secretary's decision. The MI5 at the time argued Begum still constituted a national security threat. The Home Secretary then appealed to the Supreme Court.
In a 47 page unanimous ruling read by Lord Reed the Supreme Court upheld the Home Secretary's appeal on two fundamental grounds:
That the Court of Appeal mistakenly believed that when a person's fundamental rights to fair hearing conflicts with national security considerations, the individual rights should prevail.
Second it said the Court of Appeal"s assessment of what constitutes national security threat was allowed to override without due respect to, the Home Secretary's, who was the person charged by Parliament to determine such assessment.
British law allows the Home Secretary to strip a person of their citizenship if it is considered to be in the public good.
However, it is illegal to do so if this will leave the individual stateless.
In stripping Shamima Begum of her British citizenship Savid Javid had argued that she is eligible for her parents Bangladeshi citizenship even though she was born and raised in the UK.
The Supreme Court however held that there could be a final appeal if Begum was no longer in captivity and could properly brief her lawyers.
OAA
Sent from my Galaxy
No comments:
Post a Comment