Can a British Citizen be deported?

[t_kaay]

Wonder if someone can settle this. I'm having a debate with a friend who says he knows of at least 3 cases where people have been deported back to Pakistan after being involved in drugs. He is adamant that these people had British passports, although they were originally from Pakistan and came to the UK via marriage. My understanding was that a British citizen can't be deported (unless citizenship revoked which is very rare). I think they never had British passports and were still under Pakistani passports hence their removal after their sentences.

Can anyone settle this debate?

[Amber]

Does Pakistan have an extradition treaty with the UK? I know they were trying to iron one out but the fact that Pakistan has capital punishment is a big hurdle to get over in the EU.

[t_kaay]

Does Pakistan have an extradition treaty with the UK? I know they were trying to iron one out but the fact that Pakistan has capital punishment is a big hurdle to get over in the EU.

They were not wanted by authorities in Pakistan.

[Mind_The_Gap]

Wonder if someone can settle this. I'm having a debate with a friend who says he knows of at least 3 cases where people have been deported back to Pakistan after being involved in drugs. He is adamant that these people had British passports, although they were originally from Pakistan and came to the UK via marriage. My understanding was that a British citizen can't be deported (unless citizenship revoked which is very rare). I think they never had British passports and were still under Pakistani passports hence their removal after their sentences.

Can anyone settle this debate?

Rather interesting question. If the person in question, currently holds a dual-citizenship Pakistani and British, then revocation of British Citizenship (though extreme) and deportation is a possibility.

Ref: Russian spy Anna Chapman has British citizenship revoked

[psb]

When citizenship is revoked and passport becomes invalid, how would other countries if the British passport is invalid?

I wonder if the Home Office informs other countries of cancelled British passports.

[barker]

Interesting,

I believe that the Home Office cannot rescind grant of citizenship if the person would be rendered stateless. So if Pakistan, or any other country, allows dual citizenship of any form then the home office can revoke citizenship. Once that is done the person's stay in the UK would be unauthorised as he would not have any visa, thereby making him liable for deportation. Subject to their having citizenship of another country all the British government has to do is send them back there as an unwanted alien. Entry can be denied if citizenship is proved

However as D4109125 has mentioned, if sending the person to a place will involve breach of their human rights then they will most likely be imprisoned / detained rather than being sent back

[t_kaay]

Thanks for the replies. As a few of you have stated, I am guessing it could be possible that the citizenship could have been withdrawn if the subject also had a Pakistani passport. What puzzles me though is that apparently the crimes that were committed were "low level" drugs offences, something I wouldn't have thought would trigger such a drastic reaction leading to deportation. I will try and find out more specific details and come and report back if I can.

[Amber]

Thanks for the replies. As a few of you have stated, I am guessing it could be possible that the citizenship could have been withdrawn if the subject also had a Pakistani passport. What puzzles me though is that apparently the crimes that were committed were "low level" drugs offences, something I wouldn't have thought would trigger such a drastic reaction leading to deportation. I will try and find out more specific details and come and report back if I can.

'Low level drug offences' such as?

[Ayyubi72]

Thanks for the replies. As a few of you have stated, I am guessing it could be possible that the citizenship could have been withdrawn if the subject also had a Pakistani passport. What puzzles me though is that apparently the crimes that were committed were "low level" drugs offences, something I wouldn't have thought would trigger such a drastic reaction leading to deportation. I will try and find out more specific details and come and report back if I can.

Not holding a pakistani passport does not mean someone is not a citizen of pakistan. If a pakistani citizen arrived in UK and then naturalised as British Citizen, then he is still also a citizen of pakistan. In theory if British Citizenship is revoked, I do not see any hurdle removing that person back to pakistan as far as determination of citizenship is concerned.

Just possesion of drugs will possibly not lead to revocation of citizenship. Anything more than that could may well lead to revocation of citizenship.
I am not saying that UKBA does this or will do this on a routine basis.

[LankanFunkin]

Voila:

http://www.independent.co.uk/news/uk/cr ... 13858.html

http://www.thebureauinvestigates.com/20 ... tizenship/

[Ayyubi72]

Totally unfair and wrong. Tells you how much our MPs are clued up about anything when they vote in Parliament. I watched some of the parliamentary debate before voting on 9th July changes. It appeared most MPs had no clue what they were discussing or voting on.

First of all, revoking citizenship of people born as British citizen, or people who were born in UK and then gained British Citizenship should not be possible, full stop.

Secondly, if there is evidence that someone has been involved in terrorism, drugs, or other serious offences, then there should be a procedure that home secretary can start proceedings in court to revoke citizenship and the person concerned must have the chance to fight home secretary. Revoking citizenship is a serious matter, so full legal aid must be available to the defendent.

[t_kaay]

I can understand it being used against PROVEN terrorists, but it is a bit scary that it seems to be pretty easy for the Home Office to do this without allowing the subject any method of defending his/her case. What is even more worrying is the Home Office only need to deem the person(s) if the Home Secretary "considers it is conducive to the public good"........so what happens if we suddenly get an extreme right-wing government? Overnight they could cancel the British passports of thousands just because they don't like the look of them? A bit far fetched you might say........but a possibility nevertheless.

[LIANA]

Thanks for the replies. As a few of you have stated, I am guessing it could be possible that the citizenship could have been withdrawn if the subject also had a Pakistani passport. What puzzles me though is that apparently the crimes that were committed were "low level" drugs offences, something I wouldn't have thought would trigger such a drastic reaction leading to deportation. I will try and find out more specific details and come and report back if I can.

Not holding a pakistani passport does not mean someone is not a citizen of pakistan. If a pakistani citizen arrived in UK and then naturalised as British Citizen, then he is still also a citizen of pakistan. In theory if British Citizenship is revoked, I do not see any hurdle removing that person back to pakistan as far as determination of citizenship is concerned.

Just possesion of drugs will possibly not lead to revocation of citizenship. Anything more than that could may well lead to revocation of citizenship.
I am not saying that UKBA does this or will do this on a routine basis.

In my opinion if a person renounce his Pakistani citizenship after getting his/her British citizenship then his British citizenship is more secure as Govt cannot revoke of him his British citizenship due to him becoming states less . but it is still not stopped here if the person in question is not good in public interest .

moderators please guide if my opinion is wrong

[vinny]

See also Al-Jedda, “statelessness” and the meaning of words > Secretary of State for the Home Department v Al -Jedda [2013] UKSC 62 (9 October 2013)
Deliallisi (British citizen: deprivation appeal: Scope) Albania [2013] UKUT 439 (IAC) (30 August 2013)

[LIANA]

See also Al-Jedda, “statelessness” and the meaning of words > Secretary of State for the Home Department v Al -Jedda [2013] UKSC 62 (9 October 2013)
Deliallisi (British citizen: deprivation appeal: Scope) Albania [2013] UKUT 439 (IAC) (30 August 2013)

Thanks vinny for your response , infact the above cases are quite complicated for me to understand the moral. is it that al jeeda was states less and still deprived of his British citizenship ?

more over just for example a person himself surrender his Pakistani citizenship after getting his British one, does it help securing his British citizenship .

i know serious crimes like terrorism or other major crimes can still effect his British citizenship but i am asking in general terms where there a person is not involved in such serious crimes surrendering his Pakistani nationality plays what role toward the security of his British Citizenship .
thanks

[vinny]

Thanks vinny for your response , infact the above cases are quite complicated for me to understand the moral. is it that al jeeda was states less and still deprived of his British citizenship ?

No. It appears that the Secretary of State lost.

34. ...The Secretary of State's own guidance eloquently exposes the fallacy behind her appeal.

However (29),

After the hearing in the Supreme Court, the Secretary of State claimed that in 2008 Mr Al-Jedda had successfully applied for an Iraqi passport. This raises the prospect that the Secretary of State will now make a further deprivation order on the basis that, in light of the passport, the order would not make him stateless. Mr Al-Jedda’s lengthy legal battles may not be over.

[Amber]

Now that the deprivation has been undone, will the Iraqi citizenship now be lost and thus Al-Jedda will be back to being solely British? Ms May was clutching at straws with this appeal. On further note, since 2006 Iraq permits dual citizenship it would appear, this will lead to an interesting response from Ms May I would imagine.

[Ayyubi72]

I don't know how Iraqi law works, but if Mr Jedda is able to surrender his Iraqi citizenship then there is nothing HO can do. As pointed out already Mr jedda did eventually get an Iraqi passport, and Iraq now allows dual citizenship. If currently Iraq does not have a law that automatically revoked citizenship if a citizen gains another country's citizenship, then HO might make another deprivation order. If I was Al Jedda I would try to enter UK asap and renounce Iraqi citizenship.

[Derivaz]

Wonder if someone can settle this. I'm having a debate with a friend who says he knows of at least 3 cases where people have been deported back to Pakistan after being involved in drugs. He is adamant that these people had British passports, although they were originally from Pakistan and came to the UK via marriage. My understanding was that a British citizen can't be deported (unless citizenship revoked which is very rare). I think they never had British passports and were still under Pakistani passports hence their removal after their sentences.

Can anyone settle this debate?

Anyone can be deprived of their passport regardless of the country and whether they acquired that citizenship by naturalisation or born in the country to local parents; if the government thinks you are a threat to national security; they'll take your passport away, just look at what happened to Snowden or Assange, but when someone is in a situation like that, I don't think losing your passport or citizenship is their main concern; that would be their last concern!! going to prison would be their main concern!!
But those are extreme cases; if you are a normal citizen, have a normal life and don't break the law, you have nothing to fear... at least in western countries.

[Ayyubi72]

Snowden or Assange are not British, and we are discussing British law. By the way none of them had their citizenship revoked. Snowden's passport has been revoked. Revoking a passport or travel document does not mean revocation of citizenship.

UK has confiscated and cancelled passports of hundreds of people for many many years. Most of the times to stop footaball hooligans travelling out of UK and causing trouble in other countries.

[royh]

Hmm, didn't know there was added "risks" depending on how you acquired citizenship. If you're not born British from a BC parents than you have less "protection". Not that I want to sound like a lawyer to a defendant or anything.

[Derivaz]

Snowden or Assange are not British, and we are discussing British law. By the way none of them had their citizenship revoked. Snowden's passport has been revoked. Revoking a passport or travel document does not mean revocation of citizenship.

UK has confiscated and cancelled passports of hundreds of people for many many years. Most of the times to stop footaball hooligans travelling out of UK and causing trouble in other countries.

I know they are not british, but i was saying that in extreme cases any western government can revoke people's passports, citizenships, etc... but it's only in very extreme cases

[Derivaz]

Hmm, didn't know there was added "risks" depending on how you acquired citizenship. If you're not born British from a BC parents than you have less "protection". Not that I want to sound like a lawyer to a defendant or anything.

I'm not sure it depends on that; it seems like some of the people whose citizenship was revoked were born in the UK, so I don't think it matters where you were born, in extreme cases you can lose your citizenship, passport, etc.... but I don't think any normal citizen has to be worried about that

[Jahadi]

Yes any foreign born British Citizen can be deported if they commit a crime or crimes that carry a two years sentence or more.

so if you are found guilty of any crime, no matter what it is, if the sentence is 2 years or more, your citizenship will automatically be revoked and after serving the sentence you will be deported to the country of origin.

if the subject is a stateless person who does not hold citizenship of another country and that origin country have stripped him/her of his/her citizenship, then that person can not be deported.

I have seen so many Pakistanis with British citizenship being deported for benefit fraud which they were sentenced 26 months. I have seen Afghanistanis British who were naturalised and got involved in fighting with people and were sentenced 3 years, after serving their times, subsequently deported.

so if you commit any crimes that carries 2 years or more, you will get deported even if you have family and children.

[nionlight]

Yes any foreign born British Citizen can be deported if they commit a crime or crimes that carry a two years sentence or more.

so if you are found guilty of any crime, no matter what it is, if the sentence is 2 years or more, your citizenship will automatically be revoked and after serving the sentence you will be deported to the country of origin.

if the subject is a stateless person who does not hold citizenship of another country and that origin country have stripped him/her of his/her citizenship, then that person can not be deported.

I have seen so many Pakistanis with British citizenship being deported for benefit fraud which they were sentenced 26 months. I have seen Afghanistanis British who were naturalised and got involved in fighting with people and were sentenced 3 years, after serving their times, subsequently deported.

so if you commit any crimes that carries 2 years or more, you will get deported even if you have family and children.

Is it really the law? If it is, then I believe there can't be any law SHii*** than this!

How can a citizen be deported? no matter what crime he does? As far as my common sense tells me, only time a citizen can be deported if the citizenship was acquired through fraud in the first place. Such as hiding nationality, or submitting fraudulent document during the time of citizenship application or any other immigration application. .

You are a citizen of that country, not resident! You do a crime, you server your time accordingly be it 2 years or 20 years but within the country! and that's the whole meaning of 'citizen'