Shamima Begum argued she could not effectively appeal against Javid’s decision from detention in Syria (Screenshot)
British judges ruled on Thursday that Shamima Begum, who joined the Islamic State group (IS) at 15, should be allowed to return to the United Kingdom to contest the stripping of her citizenship. Begum, now 20, absconded to IS-held Syria in 2015, along with Kadiza Sultana and Amira Abase, two other London schoolgirls who are both believed to be dead. She was stripped of her citizenship in 2019 on security grounds after she was found in a detention camp for suspected IS members and their families in northern Syria by a journalist from the Times newspaper.
Reacting to Thursday’s ruling, her solicitor Daniel Furner said: “Ms Begum has never had a fair opportunity to give her side of the story. She is not afraid of facing British justice, she welcomes it. But the stripping of her citizenship without a chance to clear her name is not justice, it is the opposite.”
Begum challenged then-Home Secretary Sajid Javid’s decision to deny her citizenship, arguing that it was unlawful because she was not eligible for Bangladeshi citizenship as suggested. Bangladesh has said it will not allow Begum entry, and has no rights to the country’s citizenship. She has never visited Bangladesh. Governments cannot strip citizenship of nationals who only qualify for one nationality under international law.
Begum’s lawyers argued that she was unable to properly defend herself stranded in detention in Syria, a situation in which she could not properly correspond with her legal team. The Special Immigration Appeals Commission (SIAC) originally ruled that Javid’s decision to revoke her British citizenship in February 2019 did not make her stateless, as she was eligible through her mother.
However, the Court of Appeals has now partially overturned that decision, allowing Begum to return and argue her case. “I have reached the firm conclusion that given that the only way in which she can have a fair and effective appeal is to be permitted to come into the United Kingdom to pursue her appeal,” Judge Julian Flaux wrote in a ruling.
“Fairness and justice must, on the facts of this case, outweigh the national security concerns… I consider that Ms Begum’s claim for judicial review of the decision of SIAC … succeeds.”
Britain’s Home Office criticised the ruling.
“This is a very disappointing decision by the court. We will now apply for permission to appeal this judgment, and to stay its effects pending any onward appeal,” a spokeswoman said.
“The government’s top priority remains maintaining our national security and keeping the public safe.”
Source: Middle East Eye