Court of Appeal Returns Deprivation Appeal to Upper Tribunal

The Court of Appeal has ruled on the latest deprivation case, Secretary of State for the Home Department v Daci [2025] EWCA Civ 18, allowing the Home Secretary’s appeal but remitting the case to the Upper Tribunal to consider the Article 8 rights of the appellant. This case follows two other recent appeals by the Home Secretary in deprivation matters, marking a significant legal development in citizenship law.

Background

Mr. Daci, an Albanian national, arrived in the UK as a 17-year-old asylum seeker in 1998, using a false Kosovan identity. He was granted indefinite leave to remain as a refugee in 1999 and later naturalised as a British citizen under the false identity in 2004. However, in 2020, the Home Office discovered his true identity, leading to a deprivation of citizenship notice in 2021 under Section 40(3) of the British Nationality Act 1981.

Tribunal Decisions and Appeal

• First-Tier Tribunal (April 2022): Allowed Mr. Daci’s appeal against deprivation.
• Upper Tribunal (August 2023): Set aside the FTT decision but again ruled in Daci’s favour, citing improper exercise of discretion by the Home Secretary.
• Court of Appeal (2025): Overturned the Upper Tribunal’s decision, ruling that the Home Secretary had provided adequate reasons for exercising discretion but remitted the case for Article 8 ECHR considerations.

Key Legal Issues

The Court of Appeal assessed three critical legal points:

1. Discretion Under Section 40(3): The court found that the Home Secretary had properly exercised discretion and provided sufficient reasoning in the deprivation decision.
2. Lawfulness & Proportionality: The decision aligned with Home Office policy and was deemed not disproportionate.
3. Article 8 ECHR Claim: Since the Upper Tribunal had not considered Mr. Daci’s human rights arguments, the Court of Appeal remitted this issue for further review.

Implications for Future Cases

This ruling, alongside recent decisions in Chaudhry v SSHD [2025] EWCA Civ 16, provides further clarity on how courts handle deprivation cases under Section 40(3). Given the Home Office’s renewed focus on deprivation appeals, legal practitioners should stay updated on emerging case law, particularly on the reliance of Article 8 arguments in these appeals.

Looking Ahead

With two deprivation cases now returned to the tribunal and a potential Supreme Court challenge in Kolicaj, the trajectory of deprivation appeals remains uncertain. The recent ICIBI inspection highlights growing Home Office frustrations, especially as nearly 25% of deprivation appeals succeeded in 2022. Practitioners should closely monitor these developments and prepare for possible shifts in legal interpretations.

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