The court of appeal in the UK has partially overturned an earlier ruling by the Special Immigration Appeals Commission (“SIAC”) which held that Shamima Begum had not been illegally rendered stateless while she was in Syria because she was entitled to Bangladeshi citizenship.
This decision means Begum, who left the UK as a schoolgirl to join Islamic State, may return to the UK to challenge the Home Office’s decision to revoke her British citizenship in person and partially overturns an earlier ruling that had supported the Home Office.
In making their decision, the judges concluded that only way in which Begum can have a fair and effective hearing is to be permitted to come to the UK to pursue her appeal in person. The judges noted that on the facts of the case, fairness and justice must outweigh any national security concerns.
Safety and right to life concerns
The court of appeal also held that the SIAC had failed to consider the evidence properly when it made its initial decision to revoke Begum’s citizenship. The courts have heard that if Begum was to be sent to Bangladesh, she could be hanged.
The case has been referred back to the SIAC to be reheard however as the British government has indicated its intention to appeal the ruling it is likely that no action will be taken until all avenues of appeal have been exhausted.
