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RRSTDV8
Member Since: 07 Apr 2014
Location: Here
Posts: 13541
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Removing her citizenship is only legal if she has citizenship of another country (or can obtain same). As she doesn't and can't, surely the removal of her British citizenship is therefore unlawful.
But such details have never worried politicians previously so I don't suppose it'll worry them now. Visiting from rrsport.co.uk
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2nd Mar 2023 5:21 pm |
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JordsDisco
Member Since: 22 May 2020
Location: Newcastle
Posts: 1614
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LT wrote:JordsDisco wrote:That’s one way of putting it.
Please do refute my opinion or anything that I have posted JordsDisco, that's how a sensible discussion or debate works.
Just posting inane one- liners adds nothing to the discussion and to be frank doesn't reflect particularly well on yourself.
So a simple statement, “that’s one way of putting it” wound you up?
I’ve noticed you’re pretty free and easy dismissing other peoples opinions on various issues throughout the forum.
You can’t do that and then expect a different attitude when it comes to your comments. Basically, don’t dish it out if you can’t take it and in anycase, on this topic, you defiantly stand alone. Maybe that’s why your so sensitive.
As for your one liner about it reflecting badly on myself, I’ll gladly put up with. Oh, the shame! - although that statement could be equally aimed back at yourself.
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2nd Mar 2023 5:23 pm |
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pjm-84
Member Since: 04 Oct 2016
Location: Hampshire
Posts: 2589
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RRSTDV8 wrote:Removing her citizenship is only legal if she has citizenship of another country (or can obtain same). As she doesn't and can't, surely the removal of her British citizenship is therefore unlawful.
Upheld so not. I refer you to my previous response. Section 5
http://bdlaws.minlaw.gov.bd/act-details-242.html
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2nd Mar 2023 5:31 pm |
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LT
Member Since: 31 Dec 2005
Location: South West
Posts: 23823
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That's semantics I feel. As the decision was down to the fact that the Home Secretary has ultimate power when deciding on matters of national security, which is the justification for stripping her of citizenship.
As the Siac panel said -
Quote:"that although there was credible suspicion that Begum “was recruited, transferred and then harboured for the purpose of sexual exploitation”, that was insufficient for the commission to deem the home secretary’s decision unlawful. He said it was for those advising the home secretary to consider and assess whether Begum’s travel was voluntary.
While “many right-thinking” people would take issue with the assessment of the home secretary’s advisers that Begum’s travel in 2015 was voluntary, it was not for the commission to decide it was involuntary and then accord more weight to that finding than to the threat she posed to national security."
Tellingly though Justice Jay noted that “the idea that Ms Begum could have conceived and organised all of this herself is not plausible”
Which I think has significant implications as to the commissions real beliefs on this case.
I don't know where this will go next, but when even senior Conservatives ministers are appalled, Siac notes - “the idea that Ms Begum could have conceived and organised all of this herself is not plausible” Lord Sumption said- "Her Bangladeshi citizenship always was a legal fiction", you can bet that it won't be the end of the story.
Nor should it be, it doesn't portray Britain in a good light internationally (IMO of course ).
Amnesty International:
https://www.amnesty.org/en/latest/news/202...ppointing/
It may well take a change of government and a new Home Secretary before this case is concluded. 2006 D3 HSE (Original & still the best)-GONE
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2nd Mar 2023 6:12 pm |
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LT
Member Since: 31 Dec 2005
Location: South West
Posts: 23823
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JordsDisco wrote:LT wrote:JordsDisco wrote:That’s one way of putting it.
Please do refute my opinion or anything that I have posted JordsDisco, that's how a sensible discussion or debate works.
Just posting inane one- liners adds nothing to the discussion and to be frank doesn't reflect particularly well on yourself.
So a simple statement, “that’s one way of putting it” wound you up?
I’ve noticed you’re pretty free and easy dismissing other peoples opinions on various issues throughout the forum.
You can’t do that and then expect a different attitude when it comes to your comments. Basically, don’t dish it out if you can’t take it and in anycase, on this topic, you defiantly stand alone. Maybe that’s why your so sensitive.
As for your one liner about it reflecting badly on myself, I’ll gladly put up with. Oh, the shame! - although that statement could be equally aimed back at yourself.
What makes you think that I am "wound up" ?
As I said- "Please do refute my opinion or anything that I have posted JordsDisco, that's how a sensible discussion or debate works. Just posting inane one-liners adds nothing to the discussion"
Assuming that you do NOT agree with my opinion? 2006 D3 HSE (Original & still the best)-GONE
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2017 FFRR SDV8 Autobiography (now semi-retired)
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2nd Mar 2023 6:20 pm |
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LT
Member Since: 31 Dec 2005
Location: South West
Posts: 23823
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RRSTDV8 wrote:Removing her citizenship is only legal if she has citizenship of another country (or can obtain same). As she doesn't and can't, surely the removal of her British citizenship is therefore unlawful.
But such details have never worried politicians previously so I don't suppose it'll worry them now.
In a nutshell yes.
The argument being that up to the age of 21, Begum had the technical right to apply for dual nationality with Bangladesh.
The fact is that she has never applied and even if she had, Bangladesh had the right to refuse her application, which they almost certainly would have done once she had left the UK for Syria.
As Lord Sumption said- "Her Bangladeshi citizenship always was a legal fiction". 2006 D3 HSE (Original & still the best)-GONE
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2nd Mar 2023 6:36 pm |
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pjm-84
Member Since: 04 Oct 2016
Location: Hampshire
Posts: 2589
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So if the answer is yes then the numerous appeals would have been upheld as we can not make her stateless under law....that's quite a simple fact.
You might not like the answer, but its been challenged twice and still stands.
A more detailed 76 page ruling.....
https://www.google.com/url?sa=t&rct=j&...AT1MnkgMor
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2nd Mar 2023 6:44 pm |
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Moo
D3 Decade
Member Since: 13 Aug 2010
Location: UK
Posts: 14385
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I still have issues with the fact that she was 15 at the time she disappeared and its been acknowledged that she was probably trafficked.
Having two daughters and knowing their friends I know how fragile and confused they can be, however, Begum has had her case reviewed twice and has also had access to good legal counsel, so she has had a fair trial.
Its because of that, that I am happy to respect the law, but despite knowing who and where she was with, I do have an element of sympathy to her case but due process has been served. New Defender L663 110 SE (known as Noddy!)
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2nd Mar 2023 7:37 pm |
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RRSTDV8
Member Since: 07 Apr 2014
Location: Here
Posts: 13541
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pjm-84 wrote:RRSTDV8 wrote:Removing her citizenship is only legal if she has citizenship of another country (or can obtain same). As she doesn't and can't, surely the removal of her British citizenship is therefore unlawful.
Upheld so not. I refer you to my previous response. Section 5
http://bdlaws.minlaw.gov.bd/act-details-242.html
The SoS has ultimate power and the inquiry didn't have the power to overturn that. They mention that a few times.
Ultimately, the only way to overrule the SoS is for Parliament to pass some legislation because the SoS's power is written in to legislation. Ultimately, the only power greater than a Minister of the Crown is Parliament itself. Visiting from rrsport.co.uk
2012 RRS SDV6
2008 RRS TDV8
"When you fire that first shot, no matter how right you feel, you have no idea who's going to die! You don't know who's children are going to scream and burn. How many hearts will be broken. How many lives shattered. How much blood will spill, until everybody does what they were always going to have to do from the very beginning: SIT DOWN AND TALK!"
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2nd Mar 2023 11:08 pm |
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pjm-84
Member Since: 04 Oct 2016
Location: Hampshire
Posts: 2589
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Its heavy reading in regards to grounds 2 and 3 and too long and legal on here to offer any benefit.
However
Quote:17. GROUND 2: the decision to deprive Ms Begum of her British citizenship was in breach
of the United Kingdom’s obligations under section 6 of the Human Rights Act 1998
(“the HRA”) with reference to Article 4 of the European Convention on Human Rights
(“the ECHR”), because there was at the very least a credible suspicion that she had been
trafficked
247.For all these reasons, Ground 2 fails.
261.For all these reasons, Ground 2 fails.
and
Quote:18. GROUND 3: the deprivation decision rendered Ms Begum de facto stateless because
Bangladesh was unlikely to be able or willing to provide her with any practical
protection. This was a relevant consideration and/or one in respect of which the
Secretary of State failed to undertake proper inquiry.
306.For these reasons, and those briefly elaborated in the CLOSED judgment, Ground 3
fails.
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3rd Mar 2023 12:04 am |
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pjm-84
Member Since: 04 Oct 2016
Location: Hampshire
Posts: 2589
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This is nicely put
Quote:2. It is an appeal about fundamental principles, rights and obligations. These are matters of
the highest importance. British citizenship is a fundamental entitlement and carries with
it rights and privileges of huge importance to the individual, in particular the right of
abode in this country. The rule of law is equally important, placing at the heart of our
constitutional settlement ever since Magna Carta, the right of the subject not to be
outlawed or exiled “except by the lawful judgment of [her] peers and the law of the land”
(clause 39). Last but not least in this catalogue comes the duty of Government, acting
for these purposes through the Secretary of State, to uphold and safeguard the national
security of the United Kingdom.
3. The rule of law is non-negotiable. What it requires in any given case is for the
Commission to determine, loyally applying principles enunciated by higher courts.
4. British citizenship is not an absolute entitlement for everyone. It can be removed by the
Secretary of State, but not if to do so would render the subject stateless. Many citizens
of the United Kingdom are immune from deprivation action for that reason, but not Ms
Begum.
5. National security is not an absolute imperative. It does not trump everything else. It must
be weighed against fundamental rights and entitlements.
6. Expressing the issues in this stark way demonstrates the importance of this appeal to the
parties and the public at large as well as the importance of the work undertaken by this
Commission.
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3rd Mar 2023 12:14 am |
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LT
Member Since: 31 Dec 2005
Location: South West
Posts: 23823
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^
Taking the above points 4 & 5 into consideration. I still can’t really get to grips with how the Home Secretary’s decision complies with international law (which law?) and de jure stateless and de facto stateless.
A person is de jure stateless when they meet the international legal definition of statelessness: they do not have a nationality under the laws of any country.
UNHCR has defined a de facto stateless person as one who is: “Unable to demonstrate that he/she is de jure stateless, yet he/she has no effective nationality and does not enjoy national protection”.
As Bangladesh's Ministry of Foreign Affairs confirmed that Begum is not a Bangladeshi citizen, the decision of the Home Secretary has made Begum de facto stateless. This is detailed here:
https://amp.theguardian.com/uk-news/2022/n...ourt-hears
Having read the above, The question still remains - If under international law, it is illegal to revoke someone’s citizenship if it leaves them stateless, how can it be lawful for the Home Secretary to have made that order?
The Commission certainly hints that it wasn’t, but it’s not for them to decide it’s a decision for the SoS and national security etc. etc.
The cynic in me thinks that the government is simply flouting international law for political gain, as its supporters will approve. My faith in the famous British justice system and upholding of the law etc. hopes my cynicism is wrong. 2006 D3 HSE (Original & still the best)-GONE
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3rd Mar 2023 12:30 am |
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terryall
Member Since: 17 Jun 2011
Location: Whitstable
Posts: 1433
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Very interesting discussion and many thanks to those that have done their homework. Obviously, the said cretin has not done so and it bothers me that such people have access to large audiences to utter their ill formed opinions. If only PM had access to this very well informed forum he might learn something.
Initially I started this thread as a very weak opposition to what I heard PM saying on TV but I can’t believe the detailed responses, stating law, that confirm my initial gut feeling that this decision does not seem right in spite of the SOS decision to take her citizenship away. Whatever our own individual opinions on this case it seems that the SOS has the final say - and that seems to be her particular opinion or a political one but does not seem to be based on UK Law. So more appeals or challenges to follow no doubt which I think is correct if only to establish UK Law irrespective of our own views on Begum but given the power of the SOS I doubt this will look good on the UK overall.
I should add that I am only really interested in what is the correct UK law as even if Begum was eventually granted UK citizenship then the whole interest would shift to security, identity, location etc which is a whole new ball game that, as yet, I have no interest or opinion on. But she will not be the only case like this. So it would be helpful to get this right. 6 LRs last one 2009 HSE D3.
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3rd Mar 2023 12:57 am |
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pjm-84
Member Since: 04 Oct 2016
Location: Hampshire
Posts: 2589
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Quote:I should add that I am only really interested in what is the correct UK law as even if Begum was eventually granted UK citizenship then the whole interest would shift to security, identity, location etc which is a whole new ball game that, as yet, I have no interest or opinion on.
Snap.
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3rd Mar 2023 7:41 am |
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Moo
D3 Decade
Member Since: 13 Aug 2010
Location: UK
Posts: 14385
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The one thing I am uncomfortable is the power of the SoS. I would be happier if it was decided in a court of law or tribunal where politics and pandering to the press was not an issue. New Defender L663 110 SE (known as Noddy!)
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3rd Mar 2023 8:25 am |
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