Nationality and statelessness / Withdrawal of nationality

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) | Document type: Case Law | Topic(s): Citizenship / Nationality law - Withdrawal of nationality | Countries: Albania - United Kingdom of Great Britain and Northern Ireland

22 September 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

November 2018 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Handbooks/Manuals

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 | Document type: Case Law | Topic(s): Burden of proof - Effective remedy - Expulsion - Withdrawal of nationality | Countries: Tanzania, United Republic of

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

25 June 2018 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Court Interventions / Amicus Curiae