Shamima Begum loses legal fight over British citizenship

Ms Begum has been appealing the decision to remove her British citizenship

Author: Chris MaskeryPublished 22nd Feb 2023

Shamima Begum has lost her appeal against removing her British citizenship.

Ms Begum, now 23, brought a challenge against the Home Office over the decision at the Special Immigration Appeals Commission (SIAC), a specialist tribunal which hears challenges to decisions to remove someoneā€™s British citizenship on national security grounds.

Following a five-day hearing in November, the tribunal dismissed her challenge this morning.

Why Shamima Begum's citizenship was removed

Ms Begum was 15 when she and two other east London schoolgirls travelled to Syria to join the so-called Islamic State (IS) in February 2015.

Her British citizenship was revoked on national security grounds by then-home secretary Sajid Javid shortly after she was found, nine months pregnant, in a Syrian refugee camp in February 2019.

She has been locked in a legal battle with the Government ever since, recently challenging the Home Office at the Special Immigration Appeals Commission (SIAC) over the decision.

A long running legal dispute

During a five-day hearing in November, Ms Begumā€™s lawyers said that the Home Office had a duty to investigate whether she was a victim of trafficking before stripping her of her British citizenship.

The specialist tribunal heard said that she was ā€œrecruited, transported, transferred, harboured and received in Syria for the purposes of ā€˜sexual exploitationā€™ and ā€˜marriageā€™ to an adult maleā€.

At a previous hearing in February 2020, SIAC ruled that the decision to remove her British citizenship was lawful as Ms Begum was ā€œa citizen of Bangladesh by descentā€ at the time of the decision.

However, her barristers said in November that the decision made Ms Begum ā€œde facto statelessā€, where she had no practical right to citizenship in Bangladesh, with Bangladeshi authorities stating they would not allow her into the country.

Barristers for the Home Office defended the Governmentā€™s decision, arguing that people trafficked to Syria and brainwashed can still be threats to national security, adding that Ms Begum expressed no remorse when she initially emerged from IS-controlled territory.

Sir James Eadie KC, for the department, said there was ā€œno ā€˜credible suspicionā€™ that she was a victim of trafficking or was at real and immediate risk of being trafficked prior to her travel from the UKā€.

Sir James said that the then-home secretary Mr Javid took into account Ms Begumā€™s age, how she travelled to Syria ā€“ including likely online radicalisation ā€“ and her activity in Syria when making the decision to remove her British citizenship.

He added that the Security Services ā€œcontinue to assess that Ms Begum poses a risk to national securityā€.

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