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Revocation of Citizenship and Rule of Law: How Judicial Review Defeated Britain's First Denaturalization Regime
Published online by Cambridge University Press: 10 May 2018
Extract
Over the past decade, the United Kingdom has deprived an increasing number of British subjects of their citizenship. This policy, known as “denaturalization,” has been applied with particular harshness in cases where foreign-born subjects have been accused of terrorist activity. The increase is part of a global trend. In recent years, Canada, Australia, France, and the Netherlands have either debated or enacted denaturalization statutes. But Britain remains an outlier among Western democracies. Since 2006, the United Kingdom home secretary has revoked the citizenship of at least 373 Britons, of whom at least 53 have had alleged links to terrorism. This is more than the total number of revocations by Canada, France, Australia, and Netherlands combined. These developments are troubling, as the right to be secure in one's citizenship has been a cornerstone of the postwar European liberal political order, and of the international community's commitment to human rights.
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Footnotes
This article would not have been written without the generous support of the Russell Sage Foundation. The authors also extend their thanks to Katherine D'Ambrosio, Conor Casey, Josh Gibson, and Maia Hyary for valuable research and editing assistance.
References
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44. Ibid., cc. 1111, 1128.
45. Ibid., c. 1113.
46. Ibid., c. 1117.
47. Ibid., c. 1140.
48. Ibid., c. 1150.
49. Ibid., c. 1114.
50. Ibid., c. 1162.
51. Bird, Control of Civilian Enemy Aliens, 252–53.
52. Ibid.
53. HC Deb 17 July 1918 vol. 108 c. 1126.
54. BNSA § 7(4).
55. Ibid.
56. BNSA § 7(3).
57. See section II.A.1.
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62. For example, from August 4, 1914 to the end of the year, ninety-seven Germans and thirty Austrians were granted certificates. Bird, Control of Civilian Enemy Aliens, 239.
63. A total of 178 certificates were continued and fourteen respondents were dead.
64. Letter to the Right Honourable The Secretary of State for the Home Department (1919) (HO144-13377) (BNA).
65. Ibid.
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68. Draft Report of the Committee to the Home Secretary (1919) (HO 144-13377) (BNA).
69. See Letter to the Right Honourable The Secretary of State for the Home Department (1919) (HO144-13377) (BNA).
70. Ibid.
71. Draft Report of the Committee (1919) (HO144-13377) (BNA).
72. Ibid.
73. Ibid.
74. Ibid.
75. Ibid.
76. Ibid.
77. Ibid.
78. Notes on the Practice and Procedure Relating to the Revocation of Certificates of Naturalisation Under Section 7 of the British Nationality and Status of Aliens Act, 1914, §7 (undated) (HO 213/1573) (BNA).
79. Report of the Imperial Conference of 1923, Nationality Committee (HO144-13377) (BNA).
80. Ibid.
81. Case of Otto Theodore Herhausen, Proposed Denaturalization (1918) (TS27-1428) (BNA).
82. Ibid.
83. Ibid.
84. Ministry of Reconstruction, “Report of the Machinery of Government Committee,” 1918, 11–12.
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87. Ibid.
88. List of Persons whose Certificates of Naturalization have been revoked by the Secretary of State for the Home Department under the provisions of the British Nationality and Status of Aliens Act 1914–1922, during the period 1st January, 1918 to 31st December, 1930, HO 213/1573-2 (BNA).
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91. HC Deb 15 April 1919 vol. 114 c. 2761. The Home Office never did agree to release the names of Hanneman's sponsors. See HC Deb 01 May 1919 vol. 115 cc. 306–7.
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94. Transcripts of Hearing in the Case of Alexius Laszlo de Lombo, June 4, 1919 (TS27-69) (BNA).
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110. Ibid.
111. Notes on the Practice and Procedure Relating to the Revocation of Certificates of Naturalisation Under Section 7 of the British Nationality and Status of Aliens Act, 1914, §7 (n.d.) (HO 213/1573) (BNA).
112. Ibid.
113. Ibid.
114. Section 7(E) of the British Nationality and Status of Aliens Act, 1914 (as amended) Regarding the Continuance of a Certificate of Naturalisation and the Public Good (HO144-13377) (BNA).
115. Letter to the Right Honourable The Secretary of State for the Home Department (HO144-13377) (BNA).
116. British Nationality & Status of Aliens Acts 1914 & 1918 (HO144-13377) (BNA).
117. Section 7(E) of the British Nationality and Status of Aliens Act, 1914 (as amended) Regarding the Continuance of a Certificate of Naturalisation and the Public Good (HO144-13377) (BNA).
118. Ibid.
119. Letter to the Right Honourable The Secretary of State for the Home Department (HO144-13377) (BNA).
120. British Nationality & Status of Aliens Acts 1914 & 1918 (HO144-13377) (BNA). Moreover, the committee indicated that the harm to the public good had to be attributable to the respondent him- or herself. It appears that in papers filed with the committee, the Treasury suggested that Fabian's “son, a person of no nationality, was of bad character and that if the father's certificate were revoked the authorities would have an opportunity of deporting the son.” Although the committee did not directly address the question of whether this alone could satisfy the section's “public good” requirement, the Home Office recorded in a later memorandum that “the language of their report suggests that they would be disinclined to take so wide a view of the circumstances.” Ibid.
121. Ibid.
122. Section 7(E) of the British Nationality and Status of Aliens Act, 1914 (as amended) Regarding the Continuance of a Certificate of Naturalisation and the Public Good (HO144-13377) (BNA).
123. Draft Report of the Committee (HO144-13377) (BNA).
124. Ibid.
125. Ibid.
126. Ibid.
127. Home Office, Deprivation of Citizenship of the United Kingdom and Colonies: A Digest of Home Office Practices, §4(d)(1) (1961) (HO 213-1575) (BNA). Section 7(2)(b) was one of the subsections of the act that did not require committee review. When questions of statutory interpretation arose—such as whether shorter prison terms could be aggregated to meet the twelve-month threshold—the home secretary could in his discretion refer the question to the committee. But where a conviction was for more than twelve consecutive months, simple documentary proof of the sentence was required. Because these cases were purely administrative, the secretary did not bother to refer them for review. See Notes on the Practice and Procedure Relating to the Revocation of Certificates of Naturalisation Under Section 7 of the British Nationality and Status of Aliens Act, 1914, §5 & app. 15 (HO 213/1573)(BNA). After Britain became a signatory to the United Nations Convention on Statelessness, it abolished denaturalization for criminal convictions through a 1964 amendment to the law. See British Nationality (no. 2) Act 1964.
128. Ibid.
129. Home Office Practice in Regard to Revocation of Certificates of Naturalization Under Sections 7 and 7A of the British Nationality and Status of Aliens Act, 1914, as Amended in 1918 (1926), 5 (HO 213-1575) (BNA).
130. Ibid.
131. Notes on the Practice and Procedure Relating to the Revocation of Certificates of Naturalisation Under Section 7 of the British Nationality and Status of Aliens Act, 1914, App. 12 (1960) (HO 213/1573) (BNA).
132. Ibid, § 3.
133. Letter to the Right Honourable The Secretary of State for the Home Department (HO144-13377) (BNA).
134. Ibid.
135. Testimony of Count de Soissons in the Case of Philip Alexius Laszlo de Lombos, 1919 ( TS27-69) (BNA).
136. Ibid.
137. Ibid.
138. Decision of the Committee in the Case of Philip Alexius Laszlo de Lombos, 1919 (TS27-69) (BNA).
139. Ibid.
140. Ibid.
141. Ibid.
142. Statement of Philip Alexius Laszlo de Lombos before the Committee, 1919 (TS27-69) (BNA).
143. Decision of the Committee in the Case of Philip Alexius Laszlo de Lombos, 1919 (TS27-69) (BNA).
144. Ibid.
145. Letter to the Right Honourable The Secretary of State for the Home Department (HO144-13377) (BNA).
146. Decision of the Committee in the Case of Philip Alexius Laszlo de Lombos, 1919 (TS27-69) (BNA).
147. Ibid.
148. Ibid.
149. Ibid.
150. Ibid.
151. Ibid.
152. Ibid.
153. Instructions to Counsel to Advise on the Revocation of Certificate of Naturalization and to Settle Points of Charge; Case of Count Demetrio Sassfield Salazar (TS27-1429) (BNA).
154. Case of Ernest Sturzenegger, May 3, 1927 (TS27-1429) (BNA).
155. Case of Paul Joseph Ferdinand Rohleder, May 3, 1927 (TS27-1429) (BNA).
156. Matter of Lawrence Klindt Kentwell, June 17, 1931 (TS27-1429) (BNA).
157. British Nationality Act of 1948, 11 & 12 Geo. 6 c. 56 (1948).
158. British Nationality Act, 1948, 11 & 12 Geo. c. 56, s. 20. See also Baldwin, M. Page, “Subject to Empire: Married Women and the British Nationality and Status of Aliens Act,” Journal of British Studies 40 (2001): 522–56CrossRefGoogle ScholarPubMed.
159. Dissenting Report by Lord Munster in the Case of Otto Bernhard Bode (TS27-1429) (BNA).
160. Ibid.
161. Ibid.
162. Report by Chairman and Lady Simon in the Case of Otto Bernhard Bode (TS27-1429) (BNA).
163. Ibid.
164. Ibid.
165. Ibid.
166. Dissenting Report by Lord Munster in the Case of Otto Bernhard Bode (TS27-1429) (BNA).
167. Ibid.
168. Ibid.
169. Ibid.
170. Ibid.
171. Ibid.
172. Home Office, Deprivation of Citizenship of the United Kingdom and Colonies: A Digest of Home Office Practices, §4(b)(1) (1961) (HO 213-1575) (BNA).
173. Ibid.
174. Home Office, Notes on the Practice and Procedure Relating to the Revocation of Certificates of Naturalisation Under Section 7 of the British Nationality and Status of Aliens Act, 1914, § 8 (1960) (HO 213/1573) (BNA).
175. Home Office, Deprivation of Citizenship of the United Kingdom and Colonies: A Digest of Home Office Practices (1961) (HO 213-1575) (BNA).
176. Ibid.
177. Home Office, Notes on the Practice and Procedure Relating to the Revocation of Certificates of Naturalisation Under Section 7 of the British Nationality and Status of Aliens Act, 1914, § 8 (1960) (HO 213/1573) (BNA).
178. Home Office, Deprivation of Citizenship of the United Kingdom and Colonies: A Digest of Home Office Practices, §3(a) (1961) (HO 213-1575) (BNA).
179. Ibid., §2(a).
180. Hennessy, Peter and Brownfeld, Gail, “Britain's Cold War Security Purge: The Origins of Positive Vetting,” The Historical Journal 25 (1982): 965–74CrossRefGoogle Scholar.
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182. “Fuchs's British Citizenship: Committee to Decide,” The Manchester Guardian, December 21, 1950, 4.
183. Instructions to Settle Points of Charge and Advise on Evidence in the Matter of Anna Wolkoff, 1943 (TS27-1429) (BNA).
184. “News in Brief,” The Times, August 18, 1943, 2; “Anna Wolkoff: Naturalisation Revoked,” The Manchester Guardian, August 18, 1943, 6.
185. Case of Alfred Delbosque, May 1, 1924 (TS27-1429) (BNA).
186. “Fuchs's British Citizenship: Committee to Decide,” The Manchester Guardian, December 21, 1950, 4.
187. Ibid.
188. Ibid.
189. Decision in the Case of Klaus Emil Fuchs, 1951 (TS27-1429) (BNA).
190. Ibid.
191. “Fuchs Deprived of Citizenship,” The Manchester Guardian, February 24, 1951, 2.
192. Decision in the Case of Klaus Emil Fuchs, 1951 (TS27-1429) (BNA).
193. Ibid.
194. See Cases Considered Under Section 20(3)(a) of the British Nationality Act, 1948 (Disloyalty and Disaffection) (HO213-1573) (BNA).
195. “Dr. Pontecorvo No Longer British,” The Manchester Guardian, May 27, 1955, 7.
196. See Cases Considered Under Section 20(3)(a) of the British Nationality Act, 1948 (Disloyalty and Disaffection) (HO213-1573) (BNA).
197. Cyprus was formally annexed to the British Empire in 1914, following Turkey's entry into the First World War. It was granted independence by referendum in 1960.
198. Home Office Official Reply to Colonial Office (Letter from I. Roy, April 28, 1954) (HO213-2241) (BNA).
199. Letter from Colonial Office to Home Office re: Denaturalization of Dr. Theodore Dervis, January 1954 (HO213-2241) (BNA).
200. Ibid.
201. Unlike the Home Office, the Colonial Office was not required to establish a committee to review denaturalizations.
202. Home Office Official Reply to Colonial Office (Letter from I. Roy, April 28, 1954) (HO213-2241) (BNA).
203. Memorandum of G.V. Hart in response to Colonial Office inquiry, writing to Mr. Roy (HO213-2241) (BNA).
204. Leslie Brass memorandum in response to Colonial Office inquiry, April 6, 1954 (HO213-2241) (BNA).
205. Memorandum of G.V. Hart in response to Colonial Office inquiry, writing to Mr. Roy at the Home Office (HO213-2241) (BNA).
206. Home Office, Deprivation of Citizenship of the United Kingdom and Colonies: A Digest of Home Office Practices, §4(a)(i) (1961) (HO 213-1575) (BNA).
207. Ibid.
208. Cases Considered under Section 20(2) of the British Nationality Act, 1948 (Registration or Naturalization Obtained by Means of Fraud, False Representation, or Concealment of Any Material Fact) (HO213-1573) (BNA).
209. “Case of Lajos Szutor (Entry No. 70),” Cases Considered Under Section 20(2) of the British Nationality Act, 1948 (HO213-1573-3) (BNA).
210. “Case of Israel Wortman (Entry No. 28),” Cases Considered Under Section 20(2) of the British Nationality Act, 1948 (HO213-1573-3)(BNA).
211. Home Office, Deprivation of Citizenship of the United Kingdom and Colonies: A Digest of Home Office Practices, §4(a)(i) (1961) (HO 213-1575) (BNA).
212. Ibid.
213. Deprivation of Citizenship, 4 (n.d.) (ALN 7/10/2) (BNA).
214. Case of Hans Gunther Stephan Beschorner (1953) (TS27-1429) (BNA).
215. Case of Frederick Charles Menzinger, January 13, 1954 (TS27-1429) (BNA).
216. Letter from Viscount Kilmir, January 29, 1958) (LCO2-6367) (BNA).
217. Secure Borders, Safe Haven: Integration with Diversity in Modern Britain (Norwich: Home Office, 2002), §2.22.
218. British Nationality (no. 2) Act 1964.
219. Ibid.
220. British Nationality Act of 1981, ch. 61.
221. Ibid, § 40(6).
222. Nationality, Immigration and Asylum Act 2002, ch. 41.
223. Ibid. § 4 (amending the British Nationality Act of 1981, ch. 61, § 40[3]).
224. Ibid. § 4 (amending the British Nationality Act of 1981, ch. 61, § 40[2]).
225. Immigration Act of 2014, ch. 22, § 66 (amending the British Nationality Act of 1981, ch. 61, § 40[2]).
226. Gower, Melanie, Deprivation of British Citizenship and Withdrawal of Passport Facilities, SN/HA/6820 (United Kingdom: House of Commons: Home Affairs Section, 2015)Google Scholar.
227. Ibid.
228. Nationality, Immigration and Asylum Act 2002, ch. 41, §4 (amending the British Nationality Act of 1981, ch. 61, § 40[2]).
229. Immigration Act of 2014, ch. 22, § 66 (amending the British Nationality Act of 1981, ch. 61, § 40A[6]).
230. Gower, Deprivation of British Citizenship and Withdrawal of Passport Facilities.
231. Chris Woods and Oliver Wright, “Calls for Rethink on Law That Allows Home Secretary to Revoke British Citizenship,” Bureau of Investigative Journalism, February 28, 2013, https://www.thebureauinvestigates.com/2013/02/28/calls-for-rethink-on-law-that-allows-home-secretary-to-revoke-british-citizenship/ (accessed March 5, 2018).
232. Ibid.
233. Letter from Home Office, United Kingdom Visas and Immigration, Complex Cases directorate to Conor Anthony Casey, January 21, 2017 (on file with author).
234. Caroline Sawyer and Helena Wray, “Country Report: United Kingdom,” European Union Democracy Observatory on Citizenship, December 2014, p. 17, http://cadmus.eui.eu/bitstream/handle/1814/33839/EUDO-CIT_2014_01_UK.pdf (accessed March 5, 2018).
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