Deliallisi
(British Citizen: Deprivation of Appeal: Scope) [2013] UKUT 00439 (IAC) falls to be considered. Here it was held that in appeals under section 40A of the 1981 Act it is incumbent on the Tribunal to consider the reasonably foreseeable consequences of deprivation of citizenship which may, depending on the facts, include removal from the United Kingdom. The relevant passages are found in [54] – [56]. While the verb “ determine ” features in [2] of the headnote and the relevant cross-heading in the text, we consider that [54] – [56], considered as a whole, reflect the Tribunal’s decision that the reasonably foreseeable consequences of a decision under section 40(5) of the 1981 Act are a factor to be considered by the FtT. This clearly embraces section 55 and Article 8 issues. 42. While the analysis and route culminating in the same conclusion which we have charted above may be more elaborate than, and do not mirror precisely, the approach in Deliallisi , we have no reason to doubt the correctness of the decision. To this we add that while the correctness of the
- Introduction
- Abdul Aziz
- Statutory Framework
- The Secretary of State’s Decisions
- content
- The Secretary of State’s Decisions Analysed
- Permission to Appeal
- GROUND 1: THE SECTION 55 ISSUE
- Khan
- Mr Khan,
- Mr Rauf,
- Mr Aziz,
- The FtT’s Approach
- context
- legal
- only
- naturalisation
- JO and Others (Section 55 Duty) Nigeria
- MK (Section 55 – Tribunal Options) Sierra Leone
- Kaur (Section 55/Public Interest Interface)
- JO Nigeria
- twofold
- MK Sierra Leone
- possibility
- Kaur
- SS (Nigeria) v Secretary of State for the Home Department
- in the circumstances of this case
- in this decision-making context
- right
- duty
- Deliallisi
- Delliallisi
- nature
- GROUND 2: THE EU LAW ISSUE
- G1 v Secretary of State for the Home Department
- Pham
- AB (Nigeria v Secretary of State for the Home Department
- their fathers
- future
- R (G1)
- GROUND 3: THE POLICY ISSUE
- Paragraph 2.5:
- Paragraph 2.6:
- Paragraph 2.7:
- Paragraphs 2.20 – 2.21:
- might
- serious
- serious organized crime
- policy
- R (Alconbury Developments) v Secretary of State for the Environment, Transport and the Regions
- What is crucial is that the policy must not fetter the exercise of the discretion.
- R v Secretary of State for the Home Department, ex parte Ozminnos
- In Re McFarland
- GROUND 4: THE ARTICLE 8 ECHR ISSUE.
- GROUND 5: THE PART 5A NIAA 2002 ISSUE
- A Footnote
- OMNIBUS CONCLUSION
- Dated
