‘Islamic State’ grandmother stripped of citizenship could return to UK after winning court battle

A grandmother stripped of her British citizenship because she and her daughters were suspected of being members of Islamic State has won an appeal court ruling that could pave the way for nearly 30 jihadists to return to the UK.

The woman, known only as D4, who is living in the same camp in Syria as Shamima Begum, had her citizenship revoked in 2019 - preventing her return to the UK.

But on Wednesday, the Court of Appeal backed an earlier judgment that it was unlawful for the Government to remove her citizenship without giving her prior notice.

Although she was stripped of her citizenship in 2019, her lawyers were not told until October 2020.

It is thought there are 28 suspected jihadists who could now use the ruling to return to Britain. More than 900 Britons travelled to the Middle East to join IS and other jihadist groups, with at least 100 having their citizenship removed.

'Not lawful' to remove citizenship

Ministers are understood to be so concerned by the case and the precedent it sets that they will launch an appeal against Wednesday’s judgment to the Supreme Court.

The Government is also seeking to change the law to allow ministers to revoke the citizenship of those who pose a threat to national security, without giving prior notice. However, this could not be applied retrospectively and is opposed by some Tory MPs.

If she is successful in the Supreme Court after her two court wins, D4 - who is from the north of England - could return to the UK.

She is currently being detained in Roj camp, in north-east Syria, where she is said to be suffering from Type 2 diabetes and asthma. Her health has deteriorated significantly because of the conditions in the camp and because she contracted Covid-19.

Legal sources said her poor health and vulnerability could make it difficult for the Government to prevent her return on national security grounds.

In a ruling delivered on Wednesday, Lady Justice Whipple said: “There may be good policy reasons for empowering the Home Secretary to deprive a person of citizenship without giving notice, but such a step is not lawful under legislation.

“If the Government wishes to empower the Secretary of State in that way, it must persuade Parliament to amend the primary legislation. That is what it is currently seeking to do under the Nationality and Borders Bill.

"It is for Parliament to decide.”

Home Office 'carefully considering' implications

The Bill, which is currently being considered by Parliament, would remove the requirement to give notice of citizenship deprivation if the Home Secretary “does not have the information needed to be able to give notice”, it would “not be reasonably practicable” or was not “in the interests of the relationship between the UK and another country”.

A Home Office spokesman said: “The Government will not apologise for removing the citizenship of terrorists, those involved in serious and organised crime and those who seek to do us harm.

“Citizenship deprivation only happens after very careful consideration of the facts and in accordance with international law. Each case is assessed individually on its own merits and always comes with the right to appeal.

“We are carefully considering the implications of this ruling, and intend to seek permission to appeal from the Supreme Court.”

The moves by the Government are opposed by some Tory MPs.

David Davis, the former Cabinet minister, told The Telegraph: “The Government’s powers to strip citizenship are already the broadest of any developed nation.

“Rather than heed the judgment of the courts that ‘extinguishing the relationship between the individual and the state’ without notice is illegal as well as wrong, the Government is trying to change the law to allow for secret citizenship stripping.

“This is an unprecedented threat to British citizenship - Parliament must reject this power grab by the authorities."

Maya Foya, director of the legal charity Reprieve, said: “Ministers should change course and recognise that depriving people of their citizenship without even telling them is an affront to British principles of justice and fairness.”