Legislative scrutiny: Immigration Bill (second report), twelfth report of session 2013-14, report, together with formal minutes

Great Britain: Parliament: Joint Committee on Human Rights

Legislative scrutiny: Immigration Bill (second report), twelfth report of session 2013-14, report, together with formal minutes
Format
Paperback
Publisher
TSO
Country
United Kingdom
Published
3 March 2014
Pages
43
ISBN
9780108553448

Legislative scrutiny: Immigration Bill (second report), twelfth report of session 2013-14, report, together with formal minutes

Great Britain: Parliament: Joint Committee on Human Rights

JCHR, in this second report on the Immigration Bill, expresses concern as to whether the Government’s main purpose in taking this power is to exercise it in relation to naturalised British citizens while they are abroad. This would appear to carry a very great risk of breaching the UK’s international obligations to the State which admitted the British citizen to its territory. JCHR recommends that the Bill be amended to make it a precondition of the making of an order that the deprivation is compatible with the UK’s obligations under international law. Enacting the power in clause 60 to deprive a naturalised citizen of their citizenship will lead to an increase in statelessness. This would represent a significant change of position in the human rights policy of the UK which has historically been a champion of global efforts to reduce statelessness. JCHR also welcomes the Government’s indication that it would adopt a proportionality approach but recommends that the Bill be amended to make it a precondition of an order that the deprivation of citizenship is a necessary and proportionate response to the conduct in question. For the right of appeal against a deprivation order to be fair, the legal framework must also ensure that the Secretary of State is required to disclose to the person concerned enough information about the case against them to enable them to give effective instructions to their special advocate; and, for the right of appeal to be practical and effective, legal aid must be available in all appeals against an order

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