Case No. UKUT-00015-(IAC)

(ECR 2001, 1-01237) which decided that in order to determine whether a person is a national of the United Kingdom of Great Britain and Northern Ireland for the purposes of Community Law, it is necessary to refer to the 1982 Declaration on the definition of the term “nationals”, which substituted its 1972 predecessor. I derive no assistance from either of these decisions. 21. On behalf of the Appellant Mr Davison submitted that the second decision of the FtT is vitiated by error of law on account of its failure to determine whether Mr Chin is stateless – and, if he is, whether he can be lawfully deported to Malaysia. In this context Mr Davison drew attention to the Secretary of State’s formal statement (via letter dated 01 November 2016) that Mr Chin is not stateless as he is recognised as a BOC “albeit that he does not have a right of abode ”. Mr Davison submitted that the Secretary of State’s classification of Mr Chin as a BOC who has no right of abode in the United Kingdom impels ineluctably to the conclusion that he is a stateless person as he is not a citizen or national of any other country of the world. Mr Davison’s alternative submission is that given the Secretary of State’s contention that Mr Chin is not stateless as he is recognised as a British national albeit without right of abode, it must follow that he is not vulnerable to deportation given the definition of “foreign criminal” in Section 117D (2) of the 2002 Act, namely – “… a person who is not a British citizen, who has been convicted in the UK of an offence and who has been sentenced to a period of imprisonment of at least twelve months, or has been convicted of an offence that has caused serious harm, or is a persistent offender”. 22. There were both written and oral submissions on behalf of the Secretary of State. These drew attention to Section 40 of the British Nationality Act 1981, which provides: “(1) In this section a reference to a person's “citizenship status” is a reference to his status as— (a) a British citizen, (b) a British overseas territories citizen, (c) a British Overseas citizen, (d) a British National (Overseas), (e) a British protected person, or (f) a British subject. (2) The Secretary of State may by order deprive a person of a citizenship status if the Secretary of State is satisfied that deprivation is conducive to the public good. (3) The Secretary of State may by order deprive a person of a citizenship status which results from his registration or naturalisation if the Secretary of State is satisfied that the registration or naturalisation was obtained by means of— (a) fraud, (b) false representation, or (c) concealment of a material fact. (4) The Secretary of State may not make an order under subsection (2) if he is satisfied that the order would make a person stateless. (4A)** But that does not prevent the Secretary of State from making an order under subsection (2) to deprive a person of a citizenship status if— (a) the citizenship status results from the person's naturalisation, (b) the Secretary of State is satisfied that the deprivation is conducive to the public good because the person, while having that citizenship status, has conducted him or herself in a manner which is seriously prejudicial to the vital interests of the United Kingdom, any of the Islands, or any British overseas territory, and (c) the Secretary of State has reasonable grounds for believing that the person is able, under the law of a country or territory outside the United Kingdom, to become a national of such a country or territory. (5) Before making an order under this section in respect of a person the Secretary of State must give the person written notice specifying— (a) that the Secretary of State has decided to make an order, (b) the reasons for the order, and (c) the person's right of appeal under section 40A(1) or under section 2B of the Special Immigration Appeals Commission Act 1997 (c. 68). (6) Where a person acquired a citizenship status by the operation of a law which applied to him because of his registration or naturalisation under an enactment having effect before commencement, the Secretary of State may by order deprive the person of the citizenship status if the Secretary of State is satisfied that the registration or naturalisation was obtained by means of— (a) fraud, (b) false representation, or (c) concealment of a material fact.” [** In force from 20 July 2014] The Secretary of State’s case also draws on Schedule 2 to the 1981 Act. Under the rubric of “Provisions for Reducing Statelessness”, this provides: “