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Nationality And Borders Act 2022

Contents

Schedule 2: Deprivation of Citizenship Without Notice: Judicial Oversight

  1. This Schedule inserts a new Schedule 4A into the British Nationality Act 1981 in accordance with section 10(4) of this Act to provide for a process of judicial oversight by the Special Immigration Appeals Commission (SIAC) in cases where a decision to deprive a person of British citizenship has been made without giving them a notice of the decision.
  2. Paragraph 1(1) makes provision for the Secretary of State to apply to SIAC before making a decision to deprive on the ground that it is conducive to the public good, without giving notice.
  3. Subparagraph (2) provides that where a decision to deprive on the ground that it is conducive to the public good without giving notice has already been made, the Secretary of State must apply to SIAC within 7 days of the decision.
  4. Subparagraph (3) sets out that the function of SIAC is to determine if the Secretary of State’s decision not to give notice is obviously flawed.
  5. Subparagraph (4) sets out that in making a determination, SIAC must apply judicial review principles.
  6. Subparagraph (5) makes provision for circumstances when SIAC determines that the Secretary of State’s decision to deprive without notice is obviously flawed. Subsection (5)(a) sets out that if the Secretary of State has not yet made a decision, then notice must be given in accordance with section 40(5) of the British Nationality Act 1981. Subsection (5)(b) sets out that if a decision to deprive has already been made, within 14 days of SIAC’s determination, the Secretary of State must either i) give late notice, ii) revoke the order, or iii) make a fresh application to SIAC.
  7. Subparagraph (6) provides that the Secretary of State may make a further application to SIAC if there is fresh evidence or the circumstances in the case have materially changed.
  8. Paragraph 2 sets out a means to review cases where a decision is made to deprive a person of British citizenship on the ground it is conducive to the public good without giving notice.
  9. Subparagraph (2) obliges the Secretary of State to review cases and decide if circumstances have changed so that a notice may be given.
  10. Subparagraph (3) sets out that the Secretary of State must give late notice to the person unless any of the conditions in section 40(5A) is met.
  11. Subparagraph (4) sets out that if the Secretary of State decides to give late notice it must be done as soon as reasonably practicable, and (b) once the notice is given, sub-paragraph (2) ceases to apply in relation to the person.
  12. Subparagraph (5) provides that if the Secretary of State has not given, or has not decided to give, late notice an application must be made to SIAC within 7 days of the end of the review period.
  13. Subparagraph (6) applies the provisions of paragraph 1(3) to 1(6) of this Schedule to an application made to SIAC under paragraph 2(5).
  14. Subparagraph (7) sets out that the first review period is at the end of 4 months after SIAC makes a determination under paragraph 1(3), and subsequent review periods are every 4 months thereafter until a total of 2 years has elapsed.
  15. Paragraph 3 relates to interpretation of terms.
  16. Subparagraph (1) explains that references to making a deprivation order on conducive grounds are to making an order under paragraph 40(2) of the British Nationality Act 1981.
  17. Subparagraph (2) explains that "late notice" means where a notice of deprivation is given to a person after the Secretary of State has already made a deprivation order.

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