Gemma Higgins | 28 February 2024

Summary

• Shamima Begum has lost her Court of Appeal decision to regain UK citizenship.

• This decision reaffirms the UK government's authority to strip citizenship on national security grounds and sets a precedent for future cases.

• There is a tightening of the UK’s borders. Begum’s second failed appeal highlights the government’s persistent efforts to assert its authority in matters pertaining to national security and immigration.

In 2015 Shamima Begum, who was previously a UK citizen with Bangladeshi heritage left London aged 15 to join the Islamic State group (IS) in Syria. She was discovered in a Syrian detention camp in 2019 having married a Dutch IS member and had three children who all have since died. Begum has attempted to reclaim her UK citizenship, which was previously revoked in 2019 by the government on national security grounds. This marks her second attempt to overturn the government's decision after experiencing defeat in her initial appeal in February 2023. Her legal team challenged the Home Office's decision, arguing it was unlawful alongside arguing that it failed to consider her potential victimhood of trafficking.  

More broadly, this ruling is significant in establishing legal precedent. The unanimous decision by three appeal judges firmly reinforces the government's authority to revoke citizenship in cases concerning national security, thereby setting a standard for future similar cases. Moreover, it highlights the delicate balance between national security concerns and individual rights, notably within instances involving individuals who may have been radicalised or coerced. Additionally, this ruling showcases the government's persistent efforts to assert its authority in matters pertaining to national security and immigration. 

Begum's unsuccessful appeal coincides with the UK’s signing of a new deal with the EU's border agency Fortex, addressing illegal migration through the stopping of small boats crossing the Channel. These two events highlight the broader governmental strategies aimed at enhancing border security and combating organised immigration crime. Home Secretary, James Cleverly has highlighted the government's resolve to disrupt the operations of smuggling gangs and curb abuses within the asylum system, echoing the sentiments outlined in Begum’s legal proceedings. 

Forecast

• Short-term: It is very likely the decision will stand, with limited immediate legal recourse for Shamima Begum. 

• Medium-term: Future cases involving citizenship revocation on national security grounds will face heightened scrutiny but are very likely to align with the precedent set by the Begum case. 

• Long-term: As legal precedents evolve and public sentiment potentially shifts, it is highly likely that there will be amendments to legislation or policy regarding citizenship revocation and national security, however, significant changes are unlikely in the near future.