British Citizenship Deprivation: Expert Advice on Procedural Fairness

Recent developments in British citizenship law have brought significant attention to the procedural fairness of deprivation decisions. The Court of Appeal’s ruling in the case of Secretary of State for the Home Department v Kolicaj [2025] EWCA Civ 10, has exposed fundamental flaws in the process, highlighting the need for urgent reform. This ruling is crucial for individuals at risk of losing their British citizenship. It also underscores the importance of understanding the legal protections available.

Key Highlights from the Court of Appeal Decision

Procedural Unfairness in Deprivation Orders

The Court of Appeal found the current deprivation process to be procedurally unfair. It does not allow individuals to make representations before a decision is finalised. Consequently, the decision to deprive Mr. Kolicaj of his British citizenship was quashed, as he had no opportunity to provide reasons against deprivation.

Case Background

• Mr. Kolicaj’s Profile: An Albanian national naturalised as a British citizen in 2009, Mr. Kolicaj was convicted in 2018 of serious organised crime, leading to a six-year prison sentence.
• Deprivation Process: The Home Secretary issued a deprivation order in 2021 under section 40(2) of the British Nationality Act 1981, deeming it “conducive to the public good.”
• Court Findings: The Court of Appeal criticised the Home Secretary’s process for failing to offer Mr. Kolicaj a meaningful chance to contest the decision.

Policy and Legal Concerns

The ruling revealed two critical issues:

1. Lack of Transparency: The Home Office’s new practices for section 40(2) cases were not documented or made publicly available.
2. Ineffectiveness of Representation Opportunities: The current process denies individuals the ability to provide substantive representations, undermining their right to procedural fairness.

Implications for Affected Individuals

For individuals facing deprivation of British citizenship, this decision underscores the importance of procedural fairness and transparency in decision-making processes:

• Right to Make Representations: The ruling emphasises that affected individuals should have an opportunity to contest deprivation decisions.
• Policy Review Likely: This case may prompt the Home Office to revise its practices to ensure compliance with legal standards of fairness.
• Risk of Ineffective Notification: In particular, short notice periods or unclear notification methods could ultimately lead to further legal challenges.

GSC Solicitors LLP’s Expertise in British Citizenship and Immigration Matters

Navigating the complexities of British nationality law requires expert legal advice. This is especially true in cases involving deprivation decisions. At GSC Solicitors LLP, our immigration specialists are here to assist individuals facing citizenship challenges.

Conclusion

The Court of Appeal’s ruling in Kolicaj highlights critical procedural failings in the current deprivation process. For individuals facing potential deprivation of their British citizenship, understanding their rights and seeking expert legal advice is paramount.

At GSC Solicitors LLP, we are dedicated to protecting our clients’ legal rights. We provide tailored advice to help them navigate complex citizenship and immigration challenges. Contact us today for specialist support in protecting your citizenship and securing your future.