JCWI’s legal team are today celebrating at the Supreme Court, with a judgment that could have far-reaching implications for children forced into statelessness.
In the case, a child was born during the time their father was subject to a citizenship deprivation order. The father appealed the decision, arguing it had made him stateless and so the decision was in breach of international law. The government was eventually forced to accept the father’s arguments that he continued to hold British citizenship but would not accept that the child was also a British citizen.
Laura Smith, JCWI Co-Director LegalIn this bizarre and Kafkaesque case, the government obstinately refused to accept that the child was also a British citizen. It’s hard not to see this refusal to follow both international law and common sense as yet another example of the government putting the need to appear ‘tough’ on immigration above basic humanity. While we’re grateful that justice has been done today, it should not have taken these lengths for the government to accept that no child should ever be put in this position.
JCWI applied to intervene so that they could present submissions on the domestic and international principles governing the child’s right to citizenship. That the child was made stateless was particularly problematic given that the Convention on the Rights of the Child (Article 7) obligates states to ensure that every child has a nationality.
Amanda Weston, of Garden Court Chambers, acted as leading counsel for JCWI in the appeal.
Amanda Weston, KC. Garden Court ChambersThis is an important judgment protecting the citizenship rights of British children whose safety and futures are put at risk by matters wholly outside their control. The Crown has important duties to protect children known as ‘parens patriae’, which extend to British children abroad at risk of harm and this judgment ensures that vulnerable British children who would otherwise be denied the protection of the Crown and the rights which attach to British citizenship, are not wrongly excluded from it.
Laura Smith, JCWI’s Co-Director of Legal and solicitor Taher Gulamhussein intervened on the case, with Amanda Weston KC and Ali Bandegani of Garden Court Chambers acting as counsel for JCWI in the appeal, and Freshfields acting as solicitors.
For more information see N3 (Appellant) v SSHD (Respondent); ZA (Appellant) v SSHD (Respondent) UKSC 2023/0133, UKSC 2023/0165: https://supremecourt.uk/cases/uksc-202
