Case Law

1. In deprivation of citizenship appeals, consideration is to be given both to the sustainability of the original decision and also whether upon considering subsequent evidence the Secretary of State's maintenance of her decision up to and including the hearing of the appeal is also sustainable. The latter requires an appellant to establish that the Secretary of State could not now take the same view. 2. Decisions of the Upper Tribunal are binding on the First-tier Tribunal, not only in the individual case by virtue of section 12 of the Tribunal, Courts and Enforcement Act 2007, but also as a matter of precedent.

28 June 2022 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Citizenship / Nationality law - Withdrawal of nationality | Countries: Albania - United Kingdom of Great Britain and Northern Ireland

In the instant case, the Applicant maintains that he is of Tanzanian nationality, which is being contested by the Respondent state. ln the circumstance, it is necessary to establish on whom lies the burden of proof. lt is the opinion of the Court that, since the Respondent State is contesting the Applicant's nationality held since his birth on the basis of legal documents established by the Respondent State itself, the burden is on the Respondent state to prove the contrary.

22 August 2018 | Judicial Body: African Court on Human and Peoples' Rights | Topic(s): Burden of proof - Effective remedy - Expulsion - Withdrawal of nationality | Countries: Tanzania, United Republic of

17 July 2018 | Judicial Body: Ireland: High Court | Topic(s): Habitual residence - Refugee status determination (RSD) / Asylum procedures - Statelessness - Withdrawal of nationality | Countries: Bhutan - Ireland - Nepal

24 November 2016 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Citizenship / Nationality law - Criminal justice - Naturalization - Withdrawal of nationality | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

21 May 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Arbitrary arrest and detention - Extradition - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Statelessness - Withdrawal of nationality | Countries: Russian Federation - Uzbekistan

On appeal from [2013] EWCA Civ 616 (see "Related document").

25 March 2015 | Judicial Body: United Kingdom: Supreme Court | Topic(s): Citizenship / Nationality law - Statelessness - Withdrawal of nationality | Countries: United Kingdom of Great Britain and Northern Ireland - Viet Nam

9 October 2013 | Judicial Body: United Kingdom: Supreme Court | Topic(s): Citizenship / Nationality law - Right to a nationality - Statelessness - Statelessness - Statelessness Determination Procedures - Withdrawal of nationality | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

23 September 2013 | Judicial Body: Dominican Republic: Constitutional Court | Topic(s): Citizenship / Nationality law - Denial of nationality - Multiple nationality - Proof of nationality - Right to a nationality - Statelessness - Withdrawal of nationality | Countries: Dominican Republic - Haiti

24 May 2013 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Citizenship / Nationality law - Denial of nationality - Multiple nationality - Proof of nationality - Right to a nationality - Statelessness - Statelessness Determination Procedures - Withdrawal of nationality | Countries: United Kingdom of Great Britain and Northern Ireland - Viet Nam