The legal framework
The legal framework
The appellants appeal against the respondent’s decision to deprive them of their British citizenship under section 40 of the BNA 1981. This provides in relevant part that:
“(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. […]
“(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) […].”
The appellants’ right of appeal against the decision is provided for by section 40A of the BNA 1981:
“Deprivation of citizenship: appeal
(1) A person –
(a) who is given notice under section 40(5) of a decision to make an order in respect of the person under section 40 […]
may appeal against the decision to the First-tier Tribunal.”
- Heading
- The appellants were granted anonymity before the First-tier Tribunal in consideration of the best interests of their children, two of whom were minors. Having heard from the parties, and taking into a
- Introduction
- The process that led to Mr Mujaj being deprived of his citizenship
- The process that led to Mrs Mujaj being deprived of her citizenship
- The respondent’s decisions
- The appeals before the First-tier Tribunal
- The hearing before us
- The legal framework
- The available grounds of appeal
- The respondent’s section 55 duty
- The relevance of the respondent’s compliance with her section 55 duty in a tribunal appeal
- The claimed public law errors in the respondent’s compliance with her section 55 duty in this case
- Did the respondent exercise her discretion lawfully?
- The decision to deprive Mrs Mujaj of her British citizenship
- Article 8
- Conclusions
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