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UKSC: Withdrawing citizenship deprivation orders retrospectively negates their effect on citizenship status while preserving interim enforcement; statelessness not a precedent fact; SIAC determines statelessness on appeal (N3 v SSHD)

Published on: 27 February 2025

Published by a LexisNexis Immigration expert
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N3 v Secretary of State for the Home Department [2025] UKSC 6

Background to the appeal

This appeal considers the legality of decisions removing individuals’ British citizenship and the consequences when the Secretary of State for the Home Department (SSHD) withdraws those decisions. N3 is a British citizen born in Bangladesh. E3 is a British citizen born in the UK, and both his parents were Bangladeshi nationals at the time of his birth. In 2017, the SSHD made deprivation orders against N3 and E3, alleging involvement with Islamic terrorist organisations and a consequent threat to national security. The SSHD regarded both as dual British‑Bangladeshi nationals and decided that deprivation would not result in statelessness. On 10 June 2019, E3’s daughter, ZA, was born in Bangladesh. Had E3 held British citizenship on that date, ZA would have been a British citizen by descent. N3 and E3 appealed to the Special Immigration Appeals Commission (SIAC) against the deprivation decisions on several grounds, including that, at the date...

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