British Nationality

(asked on 5th January 2022) - View Source

Question to the Home Office:

To ask Her Majesty's Government how many appeals against deprivation of citizenship orders under section 40(2) of the British Nationality Act 1981 have been made in each of the last five years; and how many of those appeals were upheld.


Answered by
Baroness Williams of Trafford Portrait
Baroness Williams of Trafford
Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
This question was answered on 19th January 2022

Figures for numbers of conducive deprivation orders, which are made under Section 40(2) of the 1981 British Nationality Act (BNA 1981), have been published as part of the HM Government Transparency Report: Disruptive and Investigatory Powers. Four reports have been published to date in 2015, 2017, 2018 and 2020 which provide the number of deprivation of citizenship orders made up until the end of 2018.

Figures are provided on an annual basis and we do not break those figures down further into sub-categories. However, data on the number of people who appealed against a deprivation of British citizenship decision under both Section 40(2) and 40(3) of the BNA 1981 has been published. The table shows a breakdown by year of appeals lodged between 05/03/2011 and 31/12/2018 against deprivation decisions and orders.

Year

No of people who lodged an appeal

2011

5

2012

5

2013

10

2014

29

2015

37

2016

41

2017

37

2018

88

Total

252

The following notes should be considered when viewing this data:

  1. These statistics have been taken from a live operational database. As such, numbers may change as information on that system is updated.
  2. Data extracted on 17/05/2021.
  3. Date relates to the number of people who lodged an appeal between 05/03/2011 and 31/12/2018 against a decision made on a deprivation case.
  4. Data relates to main applicants only.

A number of the appeals in relation to deprivations under Section 40(2) of the BNA 1981 are ongoing. Therefore, we are unable to provide a partial figure of upheld appeals whilst litigation is ongoing.

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