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Case details

R (on the application of D4) (Respondent) v Secretary of State for the Home Department (Appellant)

Case ID: 2022/0042

Case summary

Issue

Is the Secretary of State entitled to serve notice of a decision to deprive a person of British citizenship by placing a copy on the relevant person’s Home Office file?

Facts

The respondent, D4, was born in the UK. She had British nationality from birth, as well as Pakistani nationality. She has been detained in the Al-Roj camp in north-eastern Syria since January 2019.

On 27 December 2019, the Government decided to deprive D4 of British citizenship, on the basis that this would be conducive to the public good. Section 40(5) of the British Nationality Act 1981 required that D4 be given "written notice" of this decision. A copy of the notice was placed on D4’s Home Office file, but the decision was not at this time communicated to her. By regulation 10(4) of the British Nationality (General) Regulations 2003, this was deemed to constitute "written notice".

D4 issued a claim for judicial review, alleging that neither regulation 10(4) nor the deprivation order made against her had any legal effect. The High Court found in D4’s favour. By a majority, the Court of Appeal dismissed the Secretary of State’s appeal.

The Secretary of State now appeals to the Supreme Court.

Judgment appealed

[2022] EWCA 33

Parties

Appellant(s)

Secretary of State for the Home Department

Respondent(s)

D4

Appeal

Justices

Lord Reed, Lord Hodge, Lord Sales, Lord Burrows, Lady Rose

Hearing start date

This case has been withdrawn by consent of the parties