Shamima Begum, the 20-year-old woman who left east London as a schoolgirl to join Islamic State, should be allowed to return to the UK to challenge the Home Office’s decision to revoke her British citizenship in person.
The court of appeal partially overturned an earlier ruling by the Special Immigration Appeals Commission (Siac) this year, which held that she had not been illegally rendered stateless while she was in Syria because she was entitled to Bangladeshi citizenship.
Concluding, Lord Justice Flaux said: “Notwithstanding the national security concerns about Ms Begum, I have reached the firm conclusion that given that the only way in which she can have a fair and effective appeal is to be permitted to come into the United Kingdom to pursue her appeal.”
The judge added: “Fairness and justice must, on the facts of this case, outweigh the national security concerns.”
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The court of appeal also said Siac had failed to consider the evidence properly when it had made its initial decision to revoke Begum’s citizenship, because it had not assessed the “risk of transfer to Iraq and Bangladesh and mistreatment there”. The courts have heard that if Begum were forced to go Bangladesh she could be hanged
Flaux and the two other judges on the court, in a unanimous ruling, concluded that Siac, which specialises in complex nationality cases, should therefore hear the citizenship case again.
The government said it would appeal and apply for the court’s judgment to not be implemented until then. A Home Office spokesperson said: “This is a very disappointing decision by the court. We will now apply for permission to appeal this judgment, and to stay its effects pending any onward appeal.”
But it is not clear how easy it would be in practice for Begum to return from Syria and the court of appeal acknowledged she “could be arrested and charged upon her arrival in the United Kingdom” and held in custody awaiting a trial.
Whitehall sources also warned that anybody helping her return could be also be at risk of a criminal offence, although Saic itself has also conceded that her conditions in the camp where she lives are so bad it amounts to “inhuman or degrading treatment”.
Source: Shamima Begum wins right to return to UK to challenge citizenship decision
