Home Office powers to strip British nationals of their citizenship were introduced after the 2005 London bombings but their use increased under Theresa May’s tenure as home secretary from 2010, and they were broadened in 2014.
The requirement to give notice had already been weakened in 2018, allowing the Home Office to serve notice by putting a copy of it on a person’s file – but only in cases where their whereabouts were unknown.
The new clause would remove the need for notification altogether in a range of circumstances. It would also appear to be capable of being applied retrospectively to cases where an individual was stripped of citizenship without notice before the clause became law, raising questions about their ability to appeal.
Maya Foa, the director of Reprieve, said: “This clause would give Priti Patelunprecedented power to remove your citizenship in secret, without even having to tell you, and effectively deny you an appeal. Under this regime, a person accused of speeding would be afforded more rights than someone at risk of being deprived of their British nationality. This once again shows how little regard this government has for the rule of law.
“The US government has condemned citizenship-stripping as a dangerous denial of responsibility for your own nationals. Ministers should listen to our closest security ally rather than doubling down on this deeply misguided and morally abhorrent policy.”
Other proposed rule changes in the bill have already attracted criticism, including rendering claims from anyone arriving in the UK by an illegal route inadmissible, while criminalising them and anyone who seeks to save their lives, and giving Border Force staff immunity from prosecution if people die in the Channel during “pushback” operations.
The Home Office said: “British citizenship is a privilege, not a right. Deprivation of citizenship on conducive grounds is rightly reserved for those who pose a threat to the UK or whose conduct involves very high harm. The nationality and borders bill will amend the law so citizenship can be deprived where it is not practicable to give notice, for example if there is no way of communicating with the person.”
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