UK Constitutional Law Association
On 22 February 2023,the judgment of the Special Immigration Appeals Commission(‘SIAC’ or ‘the Commission’) was published, upholding the Home Secretary’s decision to deprive Shamima Begum of her British citizenship under section 40(2) of the British Nationality Act 1981 (‘‘the BNA 1981’’) on the ground that it would be conducive to the public good to do so, because her return to the United Kingdom would present a national security risk.
The present post considers the judgment in relation to the issue of Ms Begum being a victim of trafficking and her rights under article 4 ECHR. There were nine grounds pleaded before SIAC. Particularly relevant to the issue of trafficking are grounds 1 and 2. Ground 1 was that the Secretary of State failed to take into account a mandatory relevant consideration and/or failed to undertake proper inquiries into it – namely that Ms Begum may have been a…
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